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New Zealand Bill of Rights 1990 > Arrest and detention > Flashcards

Arrest and detention Flashcards

1
Q

What is TENR soverriding principle?

A

Safety is success

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2
Q

When should TENR be applied?

A

It’s police s operational threat assessment and must be applied toll arrest and detention procedures. Insupportable the timely and accurate assessment of information directly relevant to the safety of police.
It assists when assessing risk and prioritising apprehension in an arrest warrant and when deciding whether to arrest without warrant

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3
Q

What opportunities foes prevention first require all employees to seek as part of their day to day work?

A
  • acting with urgency against priority offenders and encourage alternative actions to arrest when appropriate
  • gathering and using intelligence and critical command information to target policing efforts when deciding whether to arrest
  • taking a holistic approach to offending and seeking out opportunities to prevent reoffending, including leveraging off community services and networks to protect vulnerable people especially repeat victims
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4
Q

What is arrest?

A

Lawfully taking a person suspected of committing an offence into custody or temporarily taking their liberty away

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5
Q

Why arrest,

A

Safeguarding public interest (ie by preventing the person committing further offences or from destroying evidence)
Ensuring the person appears in court
Protecting the person s own interests

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6
Q

What is needed for an arrest to be lawful?

A

The arresting officer must have a warrant to arrest or be acting under a statutory power proving for arrest without a warrant.

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7
Q

What does TENR stand for?

A

Threat, exposure , necessity, response

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8
Q

What are arrest requirements?

A

Must : Use words
And either
Formally touch person or
Have the person s agreement to the arrest (ie nod or walk towards car) or submission if arrest is result of use of force

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9
Q

5 examples of legislative detention powers:

A
  • to search for drugs under 20 or 22 of Search and Surveillance Act 2012
  • if exercising a search power in relation to a place or vehicle and need to determine if there is a connection between a person at place or vehicle being searched and the object of that search (section 118 search and surveillance act)
  • for breath and alcohol testing under part 6 LTA 1998)
  • for care and protection while person is intoxicated and care can not be provided by taking them to their place of residence or a temporary shelter (section 36 Policing Act 2008)
  • To obtain identifying particulars for summons under section 33 Policing Act 2008
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10
Q

When is detention arbitrary?

A

No legislative power to arrest or detain (except if necessary for person s safety)
Arrest or detention unreasonable or unnecessary I particular case, or when initial detention was appropriate, it continued for unnecessary long time
Or when person arrested when in circumstances a summons may have been more appropriate.

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11
Q

Can you detain for questioning?

A

No power to detain suspect for questioning or while enquiries are being made, bless you act under legislation of k9..
To detain without informed consent and clear advice that they do not have to stay and answer questions and without lawful authority is arbitrary detention

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12
Q

What are 3 examples of legislation allowing people to be stopped and/or required to give details or information in limited situations?

A
  • Section 176 Sale of Liquor Act , when you suspect offence against act
  • vehicle driver if stopped under 114 LTA 1998
  • under section 33 Policing Act 2008 person may be detained and required to give details if do sable they have committed offence and constable intends to bring proceedings against them by way of summons

Person must be told reason for request of their details.

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13
Q

What are the possible consequences of arbitrary detention?

A
  • statements made by person may be inadmissible in court
  • case against person could be dismissed
  • arresting or detaining officer may be liable to civil litigation resulting in punitive damages
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14
Q

When is there a power to arrest without a warrant?

A

No one can arrest someone without a warrant except under the provisions of:
Crimes Act 1961
Some other legislation expressly giving power to arrest without warrant (section 315(1) crimes act

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15
Q

When can someone be arrested without warrant under the crimes act?

A

When constable a and anyone they call to their assistance :

  • Find someone breaching the public peace or committing any offence punishable by imprisonment
  • Have good cause to suspect the person has committed a breach of the peace or an offence punishable by imprisonment ( ie EBA driving offences)
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16
Q

When can a person be arrested without a warrant under section 39 of the Summary Offences Act 1981?

A
  • if you have GOOD CAUSE TO SUSPECT the person has committed offences against Summary Offences Act (except offences described in sections 17 to 20, 25, 32 to 38
    Or
  • REASONABLY BELIEVE person has committed an offence against 17 to 20, 25, 32 to 38 AND fails to give you their name and address when asked or provides details you reasonably believe are false
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17
Q

Under which Land Transport Act 1998 provisions can a person be arrested without a warrant?

A
  • Section 116(1) failure to comply with directions given under 113 ( give details) or 115 (prohibit driving)
  • Section 120(1) when you suspect person has committed offence under sections 58-62 ( EBA offences or causing injury or death by careless driving while under the influence of drink/drugs
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18
Q

Other legislation giving power of arrest?

A

Section 40 Arms Act 1983 ( possession of firearm, pistol, airgun or restricted weapon and refuses to give details)
Section 50 Domestic Violence Act 1995 ( person suspected of committing Breach of Protection a Order)
Section 310 Immigation Act 2009 (turnaround or deportation of a person)

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19
Q

A breach of the peace is when which events are being threatened or are taking place?

A
  • Serious disturbances or other forms of violence

- Serious damage to property

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20
Q

Can you arrest for breach of the peace?

A

Yes under section 315 (2) crimes act you can arrest someone you found breaching the peace, if breach is continuing or you think it s likely to be repeated.( or received them into your custody from another person who you believe witnessed the breach of the peace)
Once arrested other charges have to be decided within reasonable time of the arrest , release immediately if you decide not to file charge ( breaching the peace is no specific offence)

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21
Q

5 reasons that give you good cause to suspect?

A 
Own observations
Statements from witnesses
Admissions from offender
Examining scene
Forensic evidence
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22
Q

Under what legislation can you arrest CYPs?

A

214 of Cypfs act ( subject to 233 of LTA (EBA provisions)and 244 of immigration act , 214 overrides any other legislation when making such an arrest)

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23
Q

What can warrants to arrest be issued for?

A

Non appearance at court
Bail related breaches
Non payment of fines
In lieu of summons ( in accordance with section 34 of criminal procedure act 2011, by filing a charging document in conjunction with a summons that despite reasonable efforts could not be served)

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24
Q

Who can execute an arrest warrant?

A

Any constable in uniform or who produces police identification and certain authorised officers can execute warrant to arrest

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25
Q

What is the process for an arrest with warrant?(except fine warrants)

A
  1. Automatic alert in NIA when courts enter or modify warrant in their courts management system (CMS)
  2. After receiving physical warrant from court, crest NIA case
  3. Assign case for execution of warrant
  4. Before executing warrant,
    - confirm it s valid ( or for fines warrants not already executed
    - if warrant issued for failing to appear , check person hasn’t t already attended voluntarily
    - confirm person s identity
  5. In all cases, particularly if you consider there is risk to public safety, consider seeking updated information from MSD to assist in locating offender
  6. Execute warrant ( if not in possession of warrant , warrant or copy must be produced at wares or asap if asked for it
  7. If entering premises to execute warrant:
    - announce intention to enter
    - identify self before or on entry and
    - give occupier copy of the warrant
  8. Endorse as ‘executed’ and ‘gone to court’ or
    ‘Executed’ and amount paid
    Sign warrant and note time, date aid
  9. EnsuresNIA alert is expired
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26
Q

What risk factors should you consider when prioritising apprehension ?

A

Identify any risk to public safety offender at large may pose
Prioritise on that base and ensure relevant employees are informed of:
-outstanding warrant to arrest
- identified risk to public safety
- apprehension priority

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27
Q

What are the 4 steps of TENR?

A
  1. Assess threat (intent, capability, opportunity, physical environment)
  2. Assess exposure (safety- risk to public safety, security - Comms , cordons etc)
  3. Assess the necessity to act
  4. Develop response (ensure assessed safety and security risk level is entered as NIA alert and noted on arrest file, prepare apprehension plan where safety and security risk deemed high
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28
Q

What is risk to public safety assessed on?

A

Past or current behaviour, including offences for which warrant was issued , offending whole on bail, NOT solely perceived potential to progress tore serious behaviour
Factors to consider:
Current Intel re behaviour
Previous risk assessments ( incl probation reports, Odara NOPM)
Offender association with organised crime group, geographic or criminal influence
Known or suspected access to weapons and/or drugs
NIA alerts
If charges under56-62 of LTA if further offences likely

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29
Q

When can police request MSD to stop a person s benefit immediately under section 75B of Social Security Act?

A

If they consider a beneficiary who is subject to unresolved warrant to be a risk to public safety
( MSD and police have agreed. Additional criteria be met before a beneficiary can be considered to pose a risk yo public safety HOWEVER districts MUST continue to prioritise apprehension pursuant to a warrant WHENEVER offender is considered a risk to public safety, whether or not there are grounds for requesting a benefit stop

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30
Q

How do you confirm a fines warrant is valid?

A

Contact courts to confirm warrant is still valid

Have original warrant sighted and verified as valid by other police member if not in your possession

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31
Q

What occurs if a defendant makes a voluntary appearance and their warrant can’t be withdrawn?

A

Defendant issued with ‘Notice of hearing to withdraw an outstanding warrant to arrest’ (NIA may not reflect this)

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32
Q

Are you protected from criminal responsibility if you execute a warrant but arrest the wrong person?

A

Yes if you act in good faith and have reasonable grounds to believe the person being arrested is hand one named in the warrant

33
Q

What occurs when beneficiaries have Sh outstanding warrant for more than 28 days?

A

They are sent a letter by MSD advising they have 10 days to resolve their warrant or they benefit will be stopped or reduced.

34
Q

What is the criteria for police requesting immediate stop of the benefit under 75B of Social Security Act?

A
  • An offence with a maximum penalty of 3 years or more
  • Offence against section 194 of the crimes act (assault on a child, maf) or against section 49 of domestic violence act (contravenes protection order)
  • Offence against 56-62 of LTA (EBA offences)
  • Offence of breaching a sentence imposed as a result of committing any of the above
    AND
    the offender s past or resent conduct indicates risk to any member of the public
    AND
    The offender is over 17 years of age
35
Q

What is the process to request MSD stop benefits under 75B of Social Security Act (7steps)?

A
  1. Complete a Public Safety Information Request “PSIR”- Pol4140 (MSD forms in NIA )to request latest benefit address and benefit status. No specific approval.
    MSD will return address,benefit status, social welfare number (swn), bank account etc.. NIA should be updated with swn.
  2. Attempt to locate offender:
    - door knock on known addresses
    - family and associates enquiries
    - WINZ
    - TESA
    - NIA
    - utilities, bully board, bank, media etc..

3.complete a Stop Benefit Approval Form (SBAF) Pol 4145in MSD forms in NIA and OBTAIN APPROVAL FROM DISTRICT PREVENTION MANAGER (if not available of or above Inspector) by generating a SBAF (NIA task automatically created for approver)

  1. Approver will check risk to public safety has been applied correctly and sufficient a steps have been taken to attempt to locate offender ( this should be recorded on request)
    Provide approval or decline via NIA task, will show as ‘approved’ in alert window
    (Task must be completed by approver within 24 hours)
  2. When Stop Benefit Approval has been obtained, complete a a Stop Benefit Request Pol 4146 and submit (automatically emailed to MSD

6, MSD will confirm benefit us stopped and provide further update ie Ci tact with the beneficiary

  1. The onus is on the beneficiary to show MSDthe WTA has been c,eared for benefit to be reinstated, or show new bail notice is apprehended or voluntary appearance.
36
Q

What is the Prevention First strategy in relation to arrests?

A

Focus on priority and prolific offendersand maximise the use of police discretion and alternative resolutions in appropriate circumstances

37
Q

What are the factors when deciding to arrest? (TENR 4 steps)

A
  1. Assess the threat
    - nature and seriousness of offence
    - intent- likelyhood of person destroying or disposing of evidence)
    - likelihood of accomplices being warned and interference with or intimidation of witnesses
    - capability , further offending
    - opportunity, likely to abscond
    - physical environment, access to target location etc
  2. Assess exposure
    - police and public safety
    - whether arrest will safeguard person s wellbeing and interests ( retaliation or intimidation by co offenders)
  3. Assess necessity to act
    - nature and seriousness of offence
    - whether an arrest is necessary to stop the offence
    - person s social and family circumstances and criminal history
    - sufficient evidence of an offence?
  4. Develop response
    Consider:
    More detail into threat environment required?
    Prompt action to prevent further loss of life or injury?
    Sufficient police resources for safe arrest?
38
Q

When should you not arrest an offender?

A

If they can be fought to courts way of summons
Offence it punishable by imprisonment
No or insufficient aggravating factors

39
Q

Can a person be arrested under section 32 of the policing act, to obtain fingerprints or photographs for evidentiary purposes?

A

Not sufficient reason alone to arrest

40
Q

If you have to arrest the sole caregiver if a young child and no suitable caregiver is available ?

A

Make arrangements through CYPF s, or community groups such as chur h, cultural groups, prison fellowship, prisoner s aid and rehabilitation society , Maori women’s welfare league

41
Q

What should occur if a victim or offender is a relative, friend or police employee?

A

Report arrest to supervisor immediately , arrest or investigation must be carried out by employee with no personal involvement

42
Q

What actions should be considered after arrest?

A

Sufficiency of available evidence
Likelihood of conviction
In public interest to prosecute
Consider pre charge warning

43
Q

What must. E done in re,action to the complaining if a decision is made not to arrest?

A

Advise complainant clearly of reasons for decision

44
Q

Under what legislation can 1K people be detained?

A

Section 36 of Policing Act

45
Q

When should you assign a person to be responsible for ensuring that police care and protection duties to CYP are met?

A

When children are present when any person is arrested or detained
Or
A person arrested or detained has responsibilities for the care and protection of any child or young person

46
Q

What can you get a member of the public to assist you with if unable to get assistance from another police employee and yours or anyone else s safety is et risk?

A

Apprehend or secure the person

Transport a person in your charge to a police station or other place

47
Q

What must you consider when using restraints?

A

It s a use of force, you must consider whether the use of force is justifiable AND what level of force if any is reasonable, necessary and proportionate given all circumstances known at the time. Use TENR.
In trying to manage the risks, ask
What us the most appropriate form of mechanical restraint?
Can I safely apply the mechanical restraint in the situation?
Am I legally justified in using force to apply the restraint?

48
Q

Can restrained prisoner be transported in same compartment as unrestrained prisoners?

A

No, unrestrained prisoners can be restrained for the safety of the restrained one if necessary

49
Q

How may mentally impaired people act?

A

Have little or no control over their behaviour
Act unpredictably
Demonstrate bizarre or violent behaviour

50
Q

When should you arrest in a crowd?

A

Only when there s no reasonable alternative
And
The arrest can be done without causing greater disorder

51
Q

If you have power of arrest ( with or without warrant) what are other associated powers?

A

Use reasonable force , making arrest
Enter premises, to carry out the arrest
Stop and search vehicles, in limited situations
Exercise warrant less search powers after arrest
Search and seize items , being carried or in the person s control or possession

52
Q

What are the powers of entry without out warrant to arrest person unlawfully at large under section 7 S&S Act?

A

You may enter a place or a vehicle, by force if necessary , to search and arrest a person if you have reasonable grounds to:
- suspect a person is unlawfully at large
AND
- believe the person is in there

Unlawfully at large could mean WTA (not fines) or escaped from lawful custody

53
Q

What are the powers of entry without a warrant to arrest person suspected of having committed an offence?(section 8 S&S act)

A

You may enter a place or vehicle without warrant to search for or arrest a person who you :
-suspect has committed an offence punishable by imprisonment
AND
-believe is there
AND
-believe that, if entry is not effected immediately, EITHER OR BOTH of the following MAY occur:
-the person will leave the place or vehicle to avoid arrest
-evidential material relating to the offence for which the person is to be arrested will be concealed, altered, damaged or destroyed

54
Q

What are the powers to stop a vehicle without warrant to arrest a person? (Section 9 S&S act)

A

If you have reasonable grounds to believe a person is in or on the vehicle and who you suspect :
- is unlawfully at large
Or
- has committed an offence punishable by imprisonment

55
Q

What are the power and duties under section 10 of S&S act after a vehicle is stopped under section 9 of S&S act?

A

You may :
- require any person in or on vehicle to supply details if you have reasonable grounds to suspect they:
Are unlawfully at large
Have committed an offence punishable by imprisonment

-search the vehicle to leave cate the:
Person the vehicle was stopped for, if reasonable grounds to believe they are in or on vehicle
Evidential Masterclass in relation to any offence in respect of which are the vehicle was stopped, if the person sought has been arrested or is seen fleeing vehicle before they can be arrested

Before searching for evidential material must tell the driver the object of your search if not the person the vehicle was stopped for.

56
Q

Warrantless powers of entry and search to search places after arrest or detention ( section 83 S&S act)?

A

If you have arrested a person for an offence and have reasonable grounds to believe that:
- evidential material relating to the offence is at a place
AND
- if entry is delayed to obtain warrant evidential material will be concealed, altered, damaged or destroyed (CADD)
you may
Enter the place to search for evidential material relating to the offence ( whether or not the person was arrested there) without a warrant.

NB this search power may only be used by person making the arrest. ( other officers can assist with the search)

57
Q

Powers to search vehicles after arrest ( section 84 S&S act)?

A

If you have arrested a person and have reasonable grounds to BELIEVE that evidential material relating to the offence for which they were arrested is in a vehicle
YOU MAY
enter and search that vehicle without warrant
( can only be used by person making the arrest)

58
Q

What evidence of your authority must you produce when exercising a power to enters day search a place or vehicle (section 131 S &S act)

A

You must:
-Announce your intention to enter and search under a statutory power
-Identify yourself
-If not in Police uniform, produce evidence of your identity
And
-Provide evidence of your authority (search warrant or Warrantless power)

59
Q

Warrantless search of arrested or detained person (section 88 S&S act)?

A

You may search an arrested or detained person if you have REASONABLE GROUNDS TO BELIEVE that there’s any thing on or carried by that person that may be used to harm
any person or facilitate the person s escape
OR
Is evidential material relating to the offence for which the arrest was made or the person detained

60
Q

Searching and seizing items being worn or carried, under Section 125(1)(I)&(j) S&S act you may?

A 
-search any item:
The person is wearing or carrying
Or
That is in their physical possession or immediate control if that thing is 
The subject of your search
OR
May lawfully be seized
61
Q

Section 11 S&S act, how many custodial searches can you carry out?

A

One, unless exceptions under sub section 3 exist.

You may use reasonable force if necessary and take from them all money and property found.

62
Q

Warrantless powers of entry and search to search places after arrest or detention ( section 83 S&S act)?

A

If you have arrested a person for an offence and have reasonable grounds to believe that:
- evidential material relating to the offence is at a place
AND
- if entry is delayed to obtain warrant evidential material will be concealed, altered, damaged or destroyed (CADD)
you may
Enter the place to search for evidential material relating to the offence ( whether or not the person was arrested there) without a warrant.

NB this search power may only be used by person making the arrest. ( other officers can assist with the search)

63
Q

Powers to search vehicles after arrest ( section 84 S&S act)?

A

If you have arrested a person and have reasonable grounds to BELIEVE that evidential material relating to the offence for which they were arrested is in a vehicle
YOU MAY
enter and search that vehicle without warrant
( can only be used by person making the arrest)

64
Q

What evidence of your authority must you produce when exercising a power to enters day search a place or vehicle (section 131 S &S act)

A

You must:
-Announce your intention to enter and search under a statutory power
-Identify yourself
-If not in Police uniform, produce evidence of your identity
And
-Provide evidence of your authority (search warrant or Warrantless power)

65
Q

Warrantless search of arrested or detained person (section 88 S&S act)?

A

You may search an arrested or detained person if you have REASONABLE GROUNDS TO BELIEVE that there’s any thing on or carried by that person that may be used to harm
any person or facilitate the person s escape
OR
Is evidential material relating to the offence for which the arrest was made or the person detained

66
Q

Searching and seizing items being worn or carried, under Section 125(1)(I)&(j) S&S act you may?

A 
-search any item:
The person is wearing or carrying
Or
That is in their physical possession or immediate control if that thing is 
The subject of your search
OR
May lawfully be seized
67
Q

Section 11 S&S act, how many custodial searches can you carry out?

A

One, unless exceptions under sub section 3 exist.

You may use reasonable force if necessary and take from them all money and property found.

68
Q

When does your responsibility for a person you have arrested start and stop?

A

Start as soon as you arrest or detain and finishes when you transfer into someone else’s custody or person is released.

69
Q

What are the consequences of failing to exercise your responsibility to protect the person you arrest ?

A

Could result in criminal charges or disciplinary action under code of conduct

70
Q

Does an arrested person have to be taken straight to the police station?

A

No, you can take reasonable steps to investigate the matter, i.e. Ask them to help with the enquiry (recovering property or identifying premises)or accompany while you execute search warrant or check alibi)

71
Q

What is reasonable?

A

Depends on circumstances, not reasonable to charge a person with receiving then keep the. In custody while investigating possible charge of robbery.

72
Q

When can police release a Edson under section 21 bail act?

A

Charged with an offence ( but not one to which bail act applies(9, 9A, 10,12,16 or 17A)
Has been arrested without warrant
Cannot practically be brought immediately before a court

73
Q

What age is a child under CYPF Act?

A

Under 14 years

74
Q

What age is a young person under CYPF Act?

A

Over 14 but under 17. Does not include a person who is or has been married or in a civil union

75
Q

What should you do if you arrest a. Ember of the armed forces?

A

Advise commanding officer or other responsible person asap of:

  • arrest and nature of the charges
  • time and place of the hearing
76
Q

What is an offence for a student loan borrower living overseas under Student Loan Scheme Act 2011?

A

Offence for someone who is;
- in default of student loan repayment obligation
And
-has been notified of this by Inland Revenue

To refuse to pay or make reasonable efforts to pay

77
Q

When can citizens arrest or detain?

A

If they find someone committing or they have reasonable grounds to believe has committed an offence:

  • punishable by more than 3 years in prison
  • against the Crimes Act at night (2100-0600)
78
Q

When can property owners arrest?

A

Any person they find on or in the property committing (or have reasonable grounds to believe has committed) offence against any of these summary offences act provisions:

  • section 9 common assault
  • section 10 assault on Police, prison or traffic officer
  • section 11 willful damage to property
  • section 29 being found on property without reasonable excuse
  • section 30 peeping or peering
79
Q

Who does the collection unit provide nz customs with details of?

A

Any person:

  • with outstanding fines of more Han $5000
  • owing any amount of reparation

New Zealand Bill of Rights 1990 (3 decks)

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