Chapter 5.1 - Bill Of Rights Chapter Flashcards
Key rules for police arising from the act
When you are investigating an offence and you locate suspect or other people you think may provide useful info you may ask questions but must suggest that it is compulsory to answer
If you want to question someone and you have sufficient evidence to charge that person with an offence you must caution them before inviting them to make any statement
If you have arrested or detained a person pursuant to any enactment you must caution them
There is no power to detain a person for questioning or to pursue enquiries although a person can assist voluntarily with enquiries
The NZBORA applies only to
Acts done by the legislative executive or judicial branches of the government
The performance of any public function power or duty pursuant to law
The NZBORA is primarily intended to affirm protect and promotes human rights and fundamental freedoms it provides
Protection against the powers of government agencies
Minimum standards for public decision making
Protection for human rights and basic freedoms
The bill of rights act functions
Gives statutory authority to many rights that have always existed but have done so only in common law.
Requires any limits on the rights and freedoms contained in NZBORA are to be reasonable
Acts that impose specific obligations on police
Section 21 - protection against unreasonable search and seizure
Section 22 - protection against arbitrary arrest and detention
Section 23 - rights of persons arrested or detained
Section 24 - rights of persons charged with an offence
Section 25 - minimum standards of criminal procedure
Freedom of expression and peaceful assembly
When policing protests and demonstrations consideration must be given to
The rights to freedom of expression and peaceful assembly
The extent to which the expression in impinging on the rights of others to use the public place
Whether the behaviour warrants the intervention of the criminal law
Threshold of offensive or disorderly behaviour in relation to protests
Must either
Substantially inhibit other people from enjoying their right to use the public amenity and/or
Cause greater offence than those affected can reasonably be expected to tolerate to the extent that it is seriously disruptive of public order
Considerations as to whether protests constitute disorderly/offensive/insulting behaviour
Does the behaviour express a view on a matter of public interest
Does the behaviour intrude on the rights of others in a public place
Does the intrusion go beyond what a reasonable person could be expected to tolerate
Does the behaviour pose an actual risk of public disorder
Does the behaviour warrant the intervention of the criminal law
A person will be regarded as detained if
There is physical deprivation of a persons liberty
There are statutory restraints on a persons movement or
They have a reasonably held belief induced by police conduct that they are not free to leave
Examples of arrest or detention include
When a person has been formally arrested
Handcuffed
Locked in a room or put in a place where they cannot leave voluntarily
Placed in a police cell against their will
Situations where bill of rights may need to be given more than once
If the person is stressed or confused or fatigued at the time of arrest
Has a poor command of the English language
Has a passive nature or limited intelligence
May have difficulty hearing because of background noise
Needs an interpreter
Treatment with humanity and respect
Breach of treatment includes
Excessive use of force against a detainee
Failure to provide medical treatment when required
Unlawful restraint to prevent self harm
Failure to comply with regulations which include entitlement such as food, clothes etc
Routine or deliberate strip searches
Failure to ensure the detainees safety
