Arresting

Question 1

what is arrest

Answer 1

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

Question 2

why would we arrest someone

Answer 2

safeguarding the public interest, ensuring the person appears in court, protecting the persons own interests

Question 3

what must happen when someone is arrested

Answer 3

a statement from the constable saying ‘you are under arrest’ plus formally touching the body of the person under arrest

Question 4

what does section 316 of the crimes act cover

Answer 4

any person who is arrested must be informed at the time of the arrest unless the reason is obvious or it is impractical to do so

Question 5

what does section 23 of the NZ Bill of rights act 1990 state

Answer 5

a person who has been arrested must be given their Rights/ Caution immediately following the arrest, involving explaining their rights to them

Question 6

where are powers of arrest without a warrant found

Answer 6

section 315 of the crimes act 1961, or some other statute giving authority to arrest

Question 7

how long can someone be kept in custody for disturbing the police

Answer 7

upto to 2 hours, and cannot go to court unless charged with a specific offence

Question 8

where does the power to arrest with warrant come from

Answer 8

the judiciary (courts)

Question 9

what does section 316 of the crimes act make clear

Answer 9

that the warrant to arrest does not have to be on your person but must be shown to the offender soon after arrest

Question 10

what does Bill of Rights Act 1990 Section 21 state

Answer 10

every person should be secure against unreasonable search and seizure of their person, property or correspondence

Question 11

what does Bill of rights act 1990 section 22 state

Answer 11

everyone is protected from arbitrary or random arrest or detention

Question 12

what does bill of rights act 1990 section 23 state

Answer 12

people arrested or detained under any enactment have rights and must be informed of those rights

Question 12

what does bill of rights act 1990 section 23 state

Answer 12

people arrested or detained under any enactment have rights and must be informed of those rights

Question 13

what does bill of rights act 1990 section 24 state

Answer 13

people charged with an offence have certain rights and must be informed of their rights

Question 14

when are searches unreasonable in accordance with section 21

Answer 14

when they are executed; without or in excess of powers or authority, in an unreasonable manner, or in bad faith

Question 15

what are the three main forms of search

Answer 15

specific statutory search powers, statutory search pursuant to arrest or detention, consent searches

Question 16

what is a lawful search

Answer 16

when someone is arrested or detained

Question 17

when may detention be classed as arbitrary

Answer 17

if the following is not said; you are free to leave at any time, you do not have to remain to answer any questions

Question 18

what sections and acts provide specific powers relating to search and or detention without consent and without warrant

Answer 18

Sections 27, 21, 22, 18 and 118 of the Search and Surveillance Act 2012, Section 69(5) of LTA 1998, Mental Health Act 1992

Question 19

what is the practice note

Answer 19

it is a guideline for Police questioning of suspects or offenders, made up of 5 notes

Question 20

what does note 1 state

Answer 20

may ask questions of any person

Question 21

what does note 2 state

Answer 21

sufficient evidence to charge a person, question a person in custody, must be cautioned

Question 22

what does note 3 state

Answer 22

a person in custody must not amount to cross-examination

Question 23

when is a person in custody

Answer 23

it depends on the facts of each case

Question 24

what does note 4 state

Answer 24

a person questioned about statements made by others, the evidence must be fairly explained

Question 25

what does note 5 state

Answer 25

any statement made by a person in custody or in respect of whom there is sufficient evidence, preferably be recorded by video recording unless impractical or decline

Question 26

what do the 29 sections of the bill of rights relate to

Answer 26

freedom of thought/conscience/religion, right to life, right to vote over 18, right to not be subjected to torture, freedom from discrimination, right to justice and access to a fair justice system, right to live according to minority cultural practices, sections 21,22,23

Question 26

what do the 29 sections of the bill of rights relate to

Answer 26

freedom of thought/conscience/religion, right to life, right to vote over 18, right to not be subjected to torture, freedom from discrimination, right to justice and access to a fair justice system, right to live according to minority cultural practices, sections 21,22,23