Arrest and Caution Rights Flashcards
Define section 9 of the Bill of Rights Act 1990.
The right to not be….
The right to not be subjected to torture or cruel treatment.
Police with a high level of power need to ensure their powers aren’t taken the wrong way, use appropriate level of force and reason.
Section 21 of the Bill of Rights Act 1990 gives everyone the right to be secure against?
Everyone has the right to be secure against unreasonable search and seizure, whether the person whether the person, property or correspondence or otherwise.
When is a search unreasonable?
A search in breach of section 21 is when it’s unreasonable and executed without powers or authority, in an unreasonable manner, in bad faith.
What does section 22 protect everyone from?
Everyone has the right not to be arbitrarily arrested or detained.
What could you say to ensure that someone your questioning dosnt feel detained?
“You are free to leave at any time”
“You do not have to remain here to answer my questions”
Section 23 of the Bill of Rights Act 1990, police are required to…
When arresting or detaining, we must comply with this section in issuing the caution rights.
What is meant by the term “detained under enactment”?
A person is detained under enactment so that police can carry out statutory power, e.g. a warrantless search or taking an intoxicated person home.
Section 24a - 24c lists the rights of offenders who are charged with offences. What do they refer to?
A) shall be informed promptly and in detail of the nature and cause of charge, and,
B) shall be released on reasonable grounds unless there is cause for prolonged detention.
C) shall have the right to consult a lawyer before speaking.
What does section 316 of the Crimes Act 1961 state?
Any person who is arrested must be informed at the time of arrest of the reason of the arrest unless:
The reason is obvious or,
Impractical to do so.
A constables powers to arrest without a warrant come from…
Section 315 of the Crimes Act 1961, or
Section 39 of the Summary of Offences Act 1981
What is the difference between an arrest with a warrant and without?
An arrest without a warrant must be made on reasonable grounds where he/she believes they have committed an offence or breach of the peace. An arrest with a warrant is issued by the courts and is due to breaching court orders, and can be carried out complying with the Bill of Rights Act.
What are your arrest powers under section 315 of the Crimes Act 1961
HE FINDS (2)(a) or HAS GOOD CAUSE TO SUSPECT (2)(b) of breaching the peace OR any offence punishable by imprisonment.
What are your powers to arrest under section 39 of the Summary of Offences Act 1981?
HE HAS GOOD CAUSE TO SUSPECT (1) or WITHIN HIS VIEW (2) of having committed an offence against this act.
How does the practice notes on police questioning fit into the arrest process?
Before extensive questioning offenders must be advised of their rights.
Also all questions must be within reason and relate to the offence and situation at hand and must be justifiable.
What must you do and say to execute a valid arrest?
Reason, offence and Act.
Touch the person.
Caution rights given.
