5.1 Managing Suspects & Offenders Flashcards
Everyone charged with an offence has the right to….(rights of person)
A) The right to consult and instruct a lawyer
B) Informed promptly and in detail of the nature of the allegation
C) The right to adequate time and facilities to prepare a defence
D) Shall be released on reasonable terms and conditions unless there is just cause for continued detention.
E) shall have the right to legal assistance without cost if the interests of justice so require
F)shall have right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.
G) jury trial for 2 year + offence
When is evidence offered by the prosecution of a statement made by a defendant not admissible against that defendant?
Evidence Act 2006
S28 - The reliability rule
S29 - The oppression rule
S30 - The improperly obtained evidence rule
Is evidence offered by the prosecution of a statement made by a co-defendant in a proceeding admissible?
Evidence Act 2006 S27(1)
Evidence offered by the prosecution in a criminal proceeding of a statement made by a defendant is admissible against that defendant, and is admissible against a co-defendant in the proceeding only if it is admitted under section 22A.
What would constitute an unlawful peaceful assembly?
It would require serious and aggressive effect on people or property.
What relevant matters must a judge take into account when excluding a defendants statement made to police? What matters would make the statement not able to be used?
Exclusion of unreliable statements S28(4)(a)
(a)
any pertinent physical, mental, or psychological condition of the defendant when the statement was made (whether apparent or not):
(b)
any pertinent characteristics of the defendant including any mental, intellectual, or physical disability to which the defendant is subject (whether apparent or not):
(c)
the nature of any questions put to the defendant and the manner and circumstances in which they were put:
(d)
the nature of any threat, promise, or representation made to the defendant or any other person.
If a person has been told to remain silent by a lawyer, does this prohibit Police from asking further questions of that person?
No - there is no prohibition on further questioning by the Police after the right to silence has been asserted.
What is a statement?
A statement is a spoken or written assertion of any matter or non verbal conduct that is intended as an assertion of any matter.
O. V. I. D
What does oppression involve?
Evidence Act 2006 - s.29 The Oppression Rule.
Oppressive, violent, inhuman, or degrading conduct towards, or treatment of the defendant or another person;
O.V.I.D.
OR
a threat of conduct or treatment of that kind.
Section 16 - Freedom of peaceful assembly refers to what?
Everyone has the right to freedom of peaceful assembly.
Sec 14 - What is Freedom of expression
Everyone has the right to freedom of expression including the freedom to seek, receive and impart information and opinions of any kind and in any form.
Sec 21 - Right to be secure against unreasonable search or seizure.
Under s.21 everyone has the right to be secure against unreasonable search and seizure, whether of the person, property, or correspondence or otherwise.
Generally, a search or seizure will be reasonable if it is conducted under a statutory power and the public interest in administering criminal justice outweighs the individuals right to privacy.
S29 - When must a judge exclude a statement influenced by oppression?
The judge must exclude the statement unless satisfied beyond reasonable doubt that the statement was not influenced by oppression.
Sec 18 (BOR) - Freedom of movement
1) Everyone lawfully in NZ has the right to freedom of movement and residence in NZ
2) Every NZ citizen has the right to enter NZ
3) Everyone has the right to leave NZ
4) Non NZ citizens. lawfully in NZ shall not be required to leave NZ except under a decision taken on grounds prescribed by law
Who must the Bill of Rights Caution be given to?
- adults who are arrested or detained, or where Police want to question an adult where there is sufficient evidence to charge that person with an offence
- children or young persons when detained or arrested and in accordance with sec 215 OT Act, before questioning a child or young when there are reasonable grounds to suspect them of having committed an offence or before asking any child or young person any question intended to obtain an admission of an offence.
What is the threshold for demonstrations behavior to be an offence or breach of the peace?
The behavior must either substantially inhibit other people from enjoying their right to use the public amenity or cause greater offence to those affected can be expected to tolerate, to the extent that it is seriously disruptive of public order.