Chapter 5 - Managing Suspects/Offenders Flashcards by Jamie Allingham

Explain s39 Crimes Act 1961?

Force used in Explain s116 Search and Surveillance Act 2012? processor in arrest…

Where justified, or protected from criminal responsibility
Executing/assisting any sentence, warrant or process
Such force as may be necessary to overcome any force used in resisting
Unless can be executed/arrest made by reasonable means in less violent manner.

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Explain s40 Crimes Act 1961?

(1) Person is lawfully authorised to arrest any person, such force may be used
- To prevent the escape after arrest, or
- To prevent the escape or rescue of person after arrest
Unless it can be dealt with in less violent manner.
(2) Any prisoner of prison attempting to escape, may use force (above applies)

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Explain s41 Crimes Act 1961?

Everyone is justified in using such force as may be reasonably necessary in order to prevent suicide, or commission of offence likely to cause immediate/serious injury to person/property,

In order to prevent what he believes on RG would if committed amount to suicide or to any such offence

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Explain s42 Crimes Act 1961?

Preventing breach of peace

(1) Witnesses breach of peace, justified in interfering to prevent continuance/renewal in order to give into custody of a Constable
(2) Constable witnesses breach of peace, any person lawfully assisting justified in arresting person committing breach
(3) Constable justified in receiving into custody any person given to him, as one who has been party to breach by someone who witnessed breach

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Explain s8 NZ Bill of Rights Act 1990?

Right not to be deprived of life

No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice.

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Explain s9 NZ Bill of Rights Act 1990?

Right not to be subjected to torture or cruel treatment

Everyone has the right not to be subjected to cruel, degrading, or disproportionately severe treatment or punishment.

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Explain s13 NZ Bill of Rights Act 1990?

Freedom of thought, conscience and religion

Everyone has the right to freedom of thought, conscience, religion, and belief including the right to adopt and hold opinions without interference.

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Explain s14 NZ Bill of Rights Act 1990?

Freedom of expression

Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form

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Explain s15 NZ Bill of Rights Act 1990?

Manifestation of religion and belief

Every person has the right to manifest that person’s religion or belief in worship, observance, practice, teaching, either individually or in community with others, private or public

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Explain s16 NZ Bill of Rights Act 1990?

Freedom of peaceful assembly

Everyone has the right to freedom of peaceful assembly.

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Explain s17 NZ Bill of Rights Act 1990?

Freedom of association

Everyone has the right to freedom of association

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Explain s18 NZ Bill of Rights Act 1990?

Freedom of movement

(1) Lawfully in NZ has right to freedom of movement and residence in NZ
(2) Citizen has right to enter NZ
(3) Right to leave NZ
(4) No one who is not a NZ citizen or lawfully in NZ shall be required to leave NZ except under law.

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Explain s19 NZ Bill of Rights Act 1990?

Freedom from discrimination

(1) Right to freedom from discrimination on grounds in Humans Rights Act 1993
(2) Measures taken in good faith for purpose of assisting or advancing person’s or groups disadvantaged is not discrimination.

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Explain s20 NZ Bill of Rights Act 1990?

Rights of minorities

Minorities shall not be denied rights to enjoy culture, to profess and practise religion or to use language.

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Explain s21 NZ Bill of Rights Act 1990?

Unreasonable search and seizure

Has right to be secure against unreasonable search and seizure.

Whether of the person, property, or correspondence or otherwise.

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Explain s822NZ Bill of Rights Act 1990?

Liberty of the perosn

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

Explain s23 NZ Bill of Rights Act 1990?

Rights of person arrested or detained

Shall be informed of rights at time of arrest
Right to construct/instruct a lawyer without delay
Right to have validity of arrest/detention determined without delay by way of habeas corpus and be released if not lawful
Right to be charged promptly and released
Arrested but not released, bought before court as soon as possible
Right to refrain from making statement and to be informed of that
Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

Explain s24 NZ Bill of Rights Act 1990?

Rights of person charged

Everyone charged with offence:

Shall be informed promptly/in detail of nature and cause of charge
Be released on reasonable conditions unless cause for detention
Shall have right to consult and instruct lawyer
Shall have right to adequate time/facilities to prepare defence
Shall have right to benefit of trial by jury (2yrs + penalty) except military
Shall have right to receive legal assistance without cost if in interest of justice
Right to free assistance of interpreter if cannot understand/speak english

Explain s25 NZ Bill of Rights Act 1990?

Minimum standards of criminal procedure

Everyone charged with offence has following minimum rights:

To fair and public hearing by independent/impartial court
To be tried without delay
To be presumed innocent until proved guilty according to law
Not to be compelled to be a witness/confess guilt
To be present at trial and present defence
To examine witnesses for prosecution/defence
If convicted, to benefit of the lesser penalty
If convicted, to appeal
To be dealt with in a manner that takes account of child’s age (if child)

What are the key rules for Police arising from the NZ Bill of Rights Act 1990?

When questioning suspects/other people about offence, must not suggest it is compulsory to answer.
If questioning someone you have sufficient evidence against, must caution before statement/answer questions
If arrested/detained person, must caution them, even if already given BOR at time of arrest/detention
No power to detain person for questioning/pursue enquiries, person can assist voluntarily with enquiries.

The NZBORA is primarily intended to affirm and protect what?

Protection against the powers of government agencies
Minimum standards for public decision-making
Protection for human rights and basic freedoms

What are some specific obligations the NZBORA imposes on Police?

s21 Protection against unreasonable search and seizure
s22 Protection against arbitrary arrest and detention
s23 Rights of persons arrested or detained
s24 Rights of person charged with offence
s25 Minimum standards of criminal procdure

What does ‘Assembly’ mean?

Assembly is two or more people meeting with a common goal.

Are person will be detained if what three things occur?

There is a physical deprivation or liberty
There are statutory restraints on person’s movement
They have a reasonably held belief induced by Police conduct that they are not free to leave.

What are some examples of when a person has been arrested or detained?

- Formally arrested - Handcuffed - Locked in a room or building, put in a place that they cannot leave - Placed in Police vehicle against their will

What must an officer be clear in their mind about in relation to an arrest?

That it is justified and reasonable

Explain s28 Evidence Act 2006 Reliability rule

Statement must be excluded unless satisfied on the balance of probabilities the circumstances in which it was made have not affected its reliability - Exceptions: Evidence of physical, mental, psychological condition of defendant when statement made - Matters to take into account: Physical, mental, psychological condition, mental, intellectual, physical disability, nature of questions and their manner, nature of any threat, promise, representation made to defendant.

Explain s29 Evidence Act 2006? Th oppression rules

Judge must exclude the statement unless satisfied beyond reasonable doubt the statement was not influenced by oppression. Matters to consider: - Physical, mental, psychological condition of defendant - Characteristics of defendant such as physical, mental, intellectual disability - Nature of questions and the manner - Nature of threat, promise, representation made to defendant by another person

What does oppression mean?

Oppresive, violent, inhuman, or degrading conduct towards, or treatment of defendant or another person, or a threat of conduct or treatment of that kind.

Explain s30 Evidence Act 2006? Improperly obtained statement

Judge must find on the balance of probabilities, whether or not the evidence was improperly obtained. If improperly obtained, determine whether or not the exclusion of evidence is proportionate to the impropriety by means of a balancing process that gives appropriate weight to the impropriety and takes proper account of the need for an effective and credible system of justice. Judge must exclude improperly obtained evidence.

When is evidence improperly obtained?

- In consequence of a breach of any enactment or rule of law by a person whom s3 of the NZBORA applies, or - In consequence of a statement made by a defendant that is or would be inadmissible if it were offered in evidence by the prosecution, or - Unfairly

Explain Practice Notes on Police Questioning?

- Police may ask questions of any person from whom it is thought useful information may be obtained, but must not suggest that it is compulsory for the person to answer questions. - When there is sufficient evidence, or questions a person in custody, person must be cautioned before hand - Questions must not amount to cross-examination - Whenever a person is questioned about evidence or statements made by others, they must be fairly explained - Video statements preferred by audio or writing, must be given opportunity to review or correct any errors on statement if written.