IN06 Arrest and Caution Rights Flashcards
What are three kinds of search powers?
- Specific statutory search powers
- Statutory search pursuant to arrest or detention
- Consent searches
R vs Pratt (1984)
Police made an arrest meaning any subsequent search was technically lawful.
But, since they conducted the search in front of a crowd of bystanders, the search was deemed unreasonable.
Two conditions for consent searches to be admissible as evidence in court
1) You have to ask for their consent; and
2) Inform them of their right to deny you consent
What is an unreasonable search?
New Zealand Bill Of Rights Act 1990, s 21
Everyone is secure against unreasonable search and seizure of their person, property or correspondence.
An unreasonable search includes;
- Without, or in excess of, powers or authority
- In an unreasonable manner
- In bad faith
What is an arbitrary arrest or detention?
New Zealand Bill Of Rights Act 1990, s 22
Everyone is protected from arbitrary arrest or detention.
You must tell a suspect:
1) You are free to leave at any time; and
2) You do not have to remain to answer any questions
Otherwise, a state of arbitrary detention may exist and any statement obtained may be deemed inadmissible.
Read the rights caution for an arrest
- You are under arrest for (state offence)
- You have the right to remain silent
- You do not have to make any statement
- Anything you say will be recorded and may be given in evidence in court
- You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions
- Police have a list a lawyers you may speak to for free
Detail two sections about people’s rights upon arrest/detention/charged
New Zealand Bill Of Rights Act 1990
s 23 - People arrested or detained under any enactment have rights and must be informed of those rights
s 24 - People charged with an offence have certain rights and must be informed of their rights
Detail our power of arrest under the Crimes Act 1961 and Summary Offences Act 1981
When is someone technically considered to be under arrest?
Say “You are under arrest”
PLUS
Formally touching the body of the person being arrested (e.g. placing a hand on the offender’s shoulder)
OR
An agreement from the person being arrested that they will submit to the process
If someone fails to give details, what does this mean for offences under the Summary Offences Act 1981 where there is generally no power of arrest?
Per s39(2) if in your view the person has committed and offence being sections 17-20, 25, 32-38, but they fail to give you their details, then you can arrest them for that offence.
Of particular relevance;
32 - Excreting in public place
38 - Drinking in public place
Note: There is no power of arrest UNLESS they fail to give you details then you unlock the power of arrest.
What are your s316 requirements in the Crimes Act 1961?
Duty to inform the person you are arresting, what you are arresting them for.
If someone is drinking in a public place and gives you false details, what should you do?
Generally there is no power of arrest for ‘Drinking in a public place’
However, per s39(2) of Summary Offences Act 1981 you may arrest them if they refuse to give your their details or provide you with false details
You see Karl punch Margaret in the face (Crimes Act punishment), where does your power of arrest come from?
s315(2)(a) “He finds”
We don’t have ‘good cause to suspect’ but rather have seenthis action for ourselves.
