Bill Of Rights/arrest

Question 1

What are the reason why we arrest people

Answer 1

Witness/victim protection
Ensure appearance in court
Ensure safety of evidential material
Prevent further offending if left at the scene

Question 2

What is an arrest

Answer 2

A statement from a constable
“You are under arrest”

Plus
Formally touching the body of the person being arrested, eg placing a hand on offenders shoulder

Or

An agreement from the person being arrested that they will submit to the process

Question 3

What does section 316 of the crimes act 1961 state

Answer 3

At the time of a person arrest they must be given the reason for the arrest unless

The reason is obvious or
Its impractical to do so

Also the arrested person must be brought before a court as soon as possible.

Question 4

What is Section 23 bill of rights act 1990

Answer 4

A person who has been arrested must be given their caution rights immediately following arrest.

Question 5

What two section give constables the power to arrest without warrant

Answer 5

Section 315 crimes act 1961

Section 39 summary offence act 1981

Question 6

What is section 315(2)(a)

Answer 6

Any person who he or she

FINDS

Disturbing the public peace

OR

Committing any offence punishable by imprisonment

Question 7

Section 315(2)(b)

Answer 7

HE HAS GOOD CAUSE TO SUSPECT

of having committed a breach of the peace

OR
Any offence punishable by imprisonment

Question 8

Section 39(1) summary offence act 1981

Answer 8

HE HAS GOOD CAUSE TO SUSPECT

Of having committed an offence against this act

Except sections 17-20, 25,32-38

Question 9

Section 39(2) summary offence act 1981

Answer 9

WITHIN HIS VIEW

does an act the constable believes is an offence against sections 17-2₩,25,32-38

And fails to give name and address or gives false details.

Question 10

How long can you hold someone to preserve the peace

Answer 10

For upto 2 hours

Question 11

Your power to arrest under the crimes act 1961 come from which sections?

Answer 11

315(2)(a) and 315(2)(b)

Question 12

Your powers to arrest under the summary offence act come from sections

Answer 12

39(1) and 39(2)

Question 13

While on patrol you see Carlos punch Jerry in the face what is your pwer of arrest

Answer 13

Section 315(2)(a)

Question 14

Bill Odom rights what is section 21

Answer 14

Search and seizure
Everyone has the right to be secure against unreasonable search and seizure whether of the person, property or correspondence or otherwise.

Question 15

Bill of rights section 22

Answer 15

Everyone has the right not to be arbitrarily arrested or detained.

Question 16

Bill or rights section 23

Answer 16

Rights of a person detain or arrested.

Question 17

Bill of rights section 24

Answer 17

Rights of a person charged