Ch 5 - Managing Suspects And Offenders

Question 1

S39 Crimes Act 1961

Answer 1

WHERE ANY PERSON Is justified, or protected from criminal responsibility

In executing or assisting to execute, any sentence, warrant, or process OR

In making or assisting to make any arrest, that justification or protection shall extend and apply to the use of such force as may be necessary to overcome any force used in resisting.

EXCEPT where force used is intended to cause GBH or death.

Question 2

S40 Crimes Act 1961

Answer 2

WHERE ANY PERSON - lawfully arresting or protected from criminal responsibility for K9

Use force:

• To prevent escape to avoid arrest OR
• To prevent the escape or rescue of that person after arrest

Question 3

S41 Crimes Act 1961

Answer 3

EVERYONE IS JUSTIFIED in using force to prevent suicide, or an offence which would be likely to cause immediate and serious injury to the person or property of anyone, or in order to prevent any act being done which he believes, on R.G, would amount to suicide or any such offence.

Question 4

S42 Crimes Act 1961

Answer 4

Everyone who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal.

May detain any person committing it, in order to give him into the custody of a constable.

Provided that person shall use no more force than is reasonably neccessary.

There is no power of arrest for anticipated breach of the peace. General v Reid.
The proper power would be to arrest for obstruction.

Question 5

Who do the NZBOR apply to?

Answer 5

S18 NZBORA 1990

(1) Everyone lawfully in NZ - right to freedom of movement & residence in NZ
(2) Every NZ citizen right to enter NZ
(3) Everyone has the right to leave NZ
(4) No one who is not a NZ citizen and who is lawfully in NZ shall be required to leave NZ except under a decision taken on grounds prescribed by law.

Question 6

S 21 NZBORA 1990

Answer 6

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

Question 7

S23 NZBORA 1990

Rights of person arrested/detained

Answer 7

(1) Eveyone K9 / detained:

(A)	shall be informed at the time of K9/D reason for it;

(b) Shall have right to consult lawyer
(c) Right to have validity of K9/D determined without delay by way of hate as corpus and released if K9 unlawful.

(4) Right to refrain from making a statement and be informed of that right.

Question 8

S24 NZBORA 1990

Rights of person charged

Answer 8

Everyone charged with an offence:

• informed of nature and cause of charge
• released on reasonable terms and conditions, unless just cause for continued detention
• right to consult / instruct lawyer
• right to adequate time/facilities to prepare defense
• right to trial by jury when penalty is or includes imprisonment more than 2 years or more
• receive legal assistance
• right to an interpreter.

Question 9

If you caution someone before arrest/detained, do you need to caution them again once you arrest them?

Answer 9

If you have arrested/detained a person pursuant to any enactment, you must caution them, even if you had already given the caution before the suspect was arrested or detained.

Question 10

Waivers to having a lawyer present

Answer 10

A valid waiver requires a conscious choice that is both informed and voluntary, and it cannot be implied from silence or failure to request rights. Police v Kohler

Question 11

Defendants statements - when not admissable

Answer 11

Evidence offered by prosecution of a statement made by a defendant is not admissible against that defendant if it is excluded under:

The reliability rule s28
The oppression rule s29
The improperly obtained evidence rule s30

Question 12

When must a Judge exclude a statement as unreliable under S28 Exclusion of unreliable statements?
Evidence act 2006

Answer 12

(2) the Judge must exclude the statement unless satisfied on the balance of probabilities that the circumstances in which the statement was made were not likely to have adversely affects its realiability.

Question 13

Exclusion of statements influenced by oppression

S29 The oppression rule
Evidence act 2006

Answer 13

(1) re prosecution offering a statement from the defendant
* (A) the defendant, or co-defendant against whom the statement is offered raises, on the basis of an evidential foundation, the issue of whether the statement was influenced by oppression and informs the Judge and the prosecution of the grounds for raising the issue OR

(B) Judge raises issue of whether statement influenced by oppression

*(2) Judge must exclude the statement unless satisfied BRD the statement not influenced by oppression.