Arrest And Caution Rights Flashcards
What is the purpose of the Bill of Rights Act 1990?
It is designed to affirm, protect, and promote human rights and fundamental freedoms in New Zealand
Bill of Rights Act 1990
Section 9 provides people which right and how does this relate to Police?
The right not to be subjected to torture or cruel treatment
Police have power which must not be used in the wrong way. We must ensure we display absolute fairness and integrity
Bill of Rights Act 1990
Section 21 gives the right for everyone to be secure against what?
Secure against unreasonable search and seizure
Bill of rights Act 1990
What does Section 22 protect people from?
Section 22 states that everyone has the right not to be arbitrarily arrested or detained
What does arbitrary detention mean?
It means that someone has be detained when there is no likelihood or evidence that they have committed an offense
What does the term ‘detained under any enactment’ mean?
People are detained under enactment when Police need to carry out a statutory power
E.g Police carrying out a warrantless search or detaining an intoxicated person to take them home
Bill Of rights Act 1990
Section 23 requires Police to advise people of their rights when…
They have been arrested or detained
These rights are covered by the rights caution
Bill Of rights Act 1990
Section 24 requires Police to advise people of their rights when…
They have been charged with an offence
They must be informed of the nature and cause of the charge e.g you have hit your partner and you are under arrest for assault
Bill of Rights Act 1990
What could non-compliance with Sections 23 and 24 cause?
The exclusion of statements or even the dismissal of a case
What are two things Police can say to avoid arbitrarily detaining a person?
When no legal power exists to detain a person they must be informed that…
“You are free to leave at anytime”
“You do not need to answer any questions”
What is a notebook used as?
An investigative tool
Record of correspondence
Record of interview
Can you detain a person suspected of committing an offence while enquiries are made?
No
Unless you are acting under legislation or you have arrested them
You have the lawful power to arrest in many situations. This power discretionary and you must always consider if your decision carefully. You should NOT arrest if:
The person can be brought before court by way of summons
A warning, caution, councelling, or referral to another agency would be a better resolution
