Chapter 5 - Managing Suspects And Offenders

Question 1

<p>Section 39 crimes act </p>

Answer 1

<p>Force used in executing process or in arrest</p>

Question 2

<p>Section 40 crimes act</p>

Answer 2

<p>Preventing escape or rescue

May use reasonable force to
Prevent the escape of a person trying to avoid arrest
Prevent the escape or rescue of that person after his arrest</p>

Question 3

<p>Section 41 crimes act</p>

Answer 3

<p>Prevention of suicide or certain offences

Justified in using reasonable force to prevent suicide or prevent offence that is likely to cause immediate and serious injury</p>

Question 4

<p>Section 42 crimes act</p>

Answer 4

<p>Preventing breach of the peace

Use reasonable force to prevent continual or renewal breach of the peace</p>

Question 5

<p>Section 8 bill of rights act </p>

Answer 5

<p>Right to be deprived of life

No one shall be deprived of life except on grounds as are established by law and are consistent with the principals of fundamental justice</p>

Question 6

<p>Section 9 bill of rights act </p>

Answer 6

<p>Right not to be subject to torture or cruel treatment

Right not to be subject to torture or severe punishment or treatment</p>

Question 7

<p>Section 13 bill of rights act </p>

Answer 7

<p>Freedom of thought conscience and religion

Have the right to adopt and hold opinions without interference</p>

Question 8

<p>Section 14 bill of rights act </p>

Answer 8

<p>Freedom of expression

Right to impart information and opinions of any kind or form</p>

Question 9

<p>Section 15 bill of rights act </p>

Answer 9

<p>Manifestation of religion and belief

Right to practice teach their beliefs and religion </p>

Question 10

<p>Section 16 bill of rights act</p>

Answer 10

<p>Freedom of peaceful assembly</p>

Question 11

<p>Section 17 bill of rights act </p>

Answer 11

<p>Freedom of association</p>

Question 12

<p>Section 18 bill of rights act</p>

Answer 12

<p>Freedom of movement

Everybody has the right to freedom of movement and residence in New Zealand

</p>

Question 13

<p>Section 19 bill of rights act </p>

Answer 13

<p>Freedom from discrimination

</p>

Question 14

<p>Section 20 bill of rights act</p>

Answer 14

<p>Rights of minorities

A person who belongs to an ethnic group in NZ shall not be denied the right in community with other members of that minority to enjoy that culture to profess and practice that religion</p>

Question 15

<p>Section 21 bill of rights act</p>

Answer 15

<p>Everyone has the right to be secure against unreasonable search and seizure</p>

Question 16

<p>Section 22 bill of rights act </p>

Answer 16

<p>Liberty of the person

Everyone has the right not to be arbitrarily arrested or detained</p>

Question 17

<p>Section 23 bill of rights act</p>

Answer 17

<p>Rights of person arrested or detained

Anyone who is arrested or detained under any enactment
Shall be informed at the time of arrest or detention the reason for it
Shall have the right to consult and instruct a lawyer
Shall have the right to determine the validity of the arrest right away and to be released if the arrest or detention is not lawful

Everyone who is arrested for an offence has the right to be charged promptly or to be released

Everyone who is arrested and is not released shall be brought before as soon as possible before a court or competent tribunal

Everyone arrested or detained has the right to refrain from making a statement

Everyone deprived of liberty shall be treated with humanity and with respect</p>

Question 18

<p>Section 24 bill of rights act </p>

Answer 18

<p>Rights of persons charged

Everyone charged with an offence
Shall be informed promptly and in detail the nature and cause of the charge
Shall be released on reasonable terms and conditions
Shall have the right to consult and instruct a lawyer
Shall have the right to adequate time and facilities to prepare a defence
Shall have the right to a trial by jury if the offence is more than two years imprisonment
Shall have the right to receive legal assistance
Shall have the right to have free assistance of an interpreter if applicable</p>

Question 19

<p>Section 25 bill of rights act</p>

Answer 19

<p>Minimum standards of criminal procedure

Everyone charged with an offence has in relation to the determination of the charge the following minimum rights

The right to a fair and public hearing by an independent and impartial court
The right to be charged without delay
The right to be presumed innocent until proven guilty
The right not to be compelled to be a witness or to confess guilt
The right to be present at a trial and to present a defence
The right to examine the witnesses for the prosecution
The right if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing to the benefit of the lesser penalty
The right if convicted to appeal to a higher court against the conviction
The right in case of a child to be dealt with in a manner that takes account of a child's age</p>

Question 20

<p>Section 30 crimes act</p>

Answer 20

<p>Protection from criminal liability if you arrest the wrong person in good faith</p>

Question 21

<p>Section 31 crimes act</p>

Answer 21

<p>Confers all statutory power of arrest without warrant on all constables</p>

Question 22

<p>Section 34 crimes act</p>

Answer 22

<p>Confers the power to assist a constable in an arrest upon anyone asked to do so</p>