Crimes Act 1961

Question 1

Section 202A - Possession of offensive weapons or disabling substances

Answer 1

(1) OW means article made / altered for causing bod inj, or intended for such use.
(2) OW means capable of being used for causing bodily injury.
(3) DS means anaesthetising or other substance produced for use for disabling persons, or intended for such use.
(4) Everyone is liable to imprisonment for a term not exceeding 3 years–
(a) w/o lawful authority or reasonable excuse, has in any public place any OW or DS or
b) Who has poss in any place any OW or DS in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.
(5) It is a defence to a charge under (4)(b) if person charged proves that they did not intend to use the OW or DS to commit an offence or the threat or fear of violence.

Question 2

Explain Section 39 of the Crimes Act 1961

Answer 2

Where any person is justified, or protected from criminal responsibility in making or the process of an arrest

Question 3

Explain Section 40 of the Crimes Act 1961

Answer 3

Where any person is lawfully authorised to arrest & is justified from criminal responsibility & use of force necessary to prevent escape or rescue

Question 4

Explain Section 41 of the Crimes Act 1961

Answer 4

Justified in using such force as may be necessary in order to prevent Suicide or the commission of certain offenses

Question 5

Explain Section 42 of the Crimes Act 1961

Answer 5

Preventing breach of the peace

Justified use of force (as necessary)

Can called for people to assist

Question 6

Section 315 – Arrest without warrant?

Answer 6

(a) any person whom he or she finds disturbing the public peace or committing any offence punishable by imprisonment:
(b) any person whom he or she has good cause to suspect of having committed a breach of the peace or any offence punishable by imprisonment.

Question 7

Section 316 – Duty of persons arresting

Answer 7

Inform the person they are under arrest

If Police have a warrant, show the warrant to that person

Every person who has been arrested should be bought before court asap

Question 8

If a group of demonstrators are on route to location, can they be arrested for BOP?

Answer 8

NO
There is no power to arrest for an anticipated breach of the peace.
You should look at other charges, ie obstruction

Question 9

Section 8 – Right not to be deprived of life

Answer 9

No one shall be deprived of life

Question 10

Section 9 – Right not to be subjected to torture or cruel treatment

Answer 10

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

Question 11

Section 13 - Freedom of thought, conscience and religion

Answer 11

Everyone has the right to freedom of thought, religion etc without interference

Question 12

Section 14 – Freedom of expression

Answer 12

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

Question 13

Section 15 – Manifestation of religion and belief

Answer 13

Everyone has the right to believe, worship, practice religion with others or in private

Question 14

Section 16 – Freedom of peaceful assembly

Answer 14

Everyone has the right to freedom of peaceful assembly

Question 15

Section 17 – Freedom of association

Answer 15

Everyone has the right to freedom of association

Question 16

Section 18 – Freedom of movement

Answer 16

Everyone lawfully in NZ has the right of movement & residence

Every NZ citizen has the right to leave and enter NZ

Question 17

Section 19 – Freedom from discrimination

Answer 17

Everyone has the right to freedom from discrimination (Human Rights Act 1993)

Question 18

Section 20 – Rights of minorities

Answer 18

A person who belongs to an ethnic or religious minority shall not be denied the rights of others

Question 19

Section 21 – Unreasonable search and seizure

Answer 19

Everyone has the right to be secure against unreasonable s&s of person, property, or correspondence

Question 20

Section 22 - Liberty of the person

Answer 20

Everyone has the right not to be arbitrarily arrested or detained

Question 21

Section 23 - Rights of persons arrested or detained

Answer 21

Shall be informed at the time the reason

Have the right to consult a lawyer

Have the right of the validity of the arrest/detention determined without delay, and released if not lawful

Person has the right to be charged promptly and bought before court asap

Has the right to refrain from making a statement

Everyone will be treated with humanity & respect

Question 22

Section 24 - Rights of persons charged

Answer 22

Shall be informed promptly of the nature & cause of the charge

Released on reasonable t&c’s (unless continued detention is justified)

Right to consult a lawyer

Have adequate time & facilities to prepare a defence

Right to receive legal assistance

Right to a free interpreter in court if unable to understand or speak english

Question 23

Section 25 - Minimum standards of criminal procedure

Answer 23

The right to a fair & public hearing

Tried without undue delay

Presumed innocent until proven guilty

Not to be compelled

Right to present a defence at court

Right to examine the witnesses

Right to appear

If a child, the right for the age to be taken into account

Question 24

When investigating an offence and asking question of people, is it compulsory for them to answer?

Answer 24

No

Question 25

If you have sufficient evidence to charge someone, what must you do before asking questions about the offence?

Answer 25

Give them their rights

Question 26

If a person has been cautioned before they were arrested, do they need to be given their BOR's again

Answer 26

Yes

Question 27

Can you detain a person for questioning for an enquiry?

Answer 27

No, no BOR's need to be given

Question 28

Can a lawful search that infringes upon a person's dignity be "unreasonably"

Answer 28

Yes

Question 29

Are unlawful searches unreasonable?

Answer 29

Yes, they will almost always be unreasonable and breach S21

Question 29

Can a suspect arrested on one offence be kept in custody while investigating another offence?

Answer 29

No, breach of BOR's

Question 30

Can you stop a vehicle to make a general enquiry?

Answer 30

No, you can stop a vehicle to enforce Land Transport provisions or Traffic Regulations under 114 Section 9 of S&S is for stopping a vehicle for the purpose of arresting someone

Question 31

Can an arbitrary arrest lead to exclusion of evidence, release from detention or compensation?

Answer 31

Yes

Question 32

Can you question a person about statements made by others?

Answer 32

Yes, however it must be fairly explained

Question 33

What system do Police use to support operational command?

Answer 33

Police use the Coordinated Incident Management System (CIMS)

Question 34

Can CIMS only be used for Police incidents?

Answer 34

NO It can be used to manage incidents of any scale & also involving more than one agency, or a multi agency response

Question 35

Who's obligation is it that the subject understands their "rights"?

Answer 35

Police

Question 36

Name five times when you should give a subject their rights multiple times?

Answer 36

If the subject is stressed, confused or fatigued at the time of the arrest Has poor understanding of English Has a passive nature, or limited intelligence May have difficulty hearing due to background noise Needs an interpreter (eg of sign language or a foreign language).

Question 37

Apart from giving a suspect their rights multiple times due to a long interview.... when is another time you should give a person their rights multiple times?

Answer 37

If a serious offence is uncovered in the interview, the best practice would be to re-advise.

Question 38

Can you give a person their rights in writing?

Answer 38

Yes There is nothing in the act that states the rights have to be given verbally verses in writing

Question 39

Can a persons admission of a offence be jeopardised if the rights were not given at the proper time?

Answer 39

Yes

Question 40

If a suspect requests to speak with a lawyer part way through an interview, will any admissions received before the lawyer spoke with the suspect be admissable?

Answer 40

This is up to the court Best practice is to suspend the interview until the lawyer arrives.

Question 41

Can Police deny a suspect the right to privacy with a lawyer if a room is not available?

Answer 41

NO However if there are concerns for the safety of the lawyer, then they will not be afforded privacy.

Question 42

If a suspect tries to contact their own lawyer and they cannot get hold of them, what options are available to the suspect?

Answer 42

They may try ringing one to two other lawyers

Question 43

When a suspect is given access to call a lawyer, can they ring any other person or organisation?

Answer 43

No, they can only contact a lawyer

Question 44

Does a suspect have to have a lawyer present in an interview?

Answer 44

No

Question 45

If a suspect does not like the advice they were given from a lawyer, can they try calling another lawyer?

Answer 45

No, there is no legal requirement for Police to allow the suspect to call multiple lawyers to get the answer they were hoping for