Chapter 5: Managing Suspects and Offenders Flashcards
When making an arrest are you allowed to use force?
Section 39 - Force used in executing process or in arrest
When making an arrest are you allowed to use force?
Section 39 - Force used in executing process or in arrest
Yes any person who is justified are allowed to use force as may be necessary to overcome any force used in resisting an arrest unless the arrest can be made by reasonable means in a less violent manner.
However in the case of a constable or any person assisting the constable, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.
What are the rights of a person charged with an offence?
NZ Bill of Rights Act 1990
Section 24
What are the rights of a person charged with an offence?
NZ Bill of Rights Act 1990
Section 24
Everyone who is charged with an offence:
(a) Shall be informed promptly and in detail of the nature and cause of the charge; and
(b) Shall be released on reasonable terms and conditions unless there is just cause for continued detention; and
(c) Shall have the right to consult and instruct a lawyer; and
(d) Shall have the right to adequate time and facilities to prepare a defence; and
(e) Shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for more than 2 years or more; and
(f) Shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and
(g) Shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.
What is the defence found in Crimes Act 1961 Section 202A(5)?
Possession of offensive weapons or disabling substances
What is the defence found in Crimes Act 1961 Section 202A(5)?
Possession of offensive weapons or disabling substances
(5) It is a defence to a charge under subsection (4)(b) of this section if the person charged proves that he did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence.
