IN06: Arrest and Caution Rights

Question 1

Explain Section 21 Bill of Rights Act

Answer 1

Every person is secure against unreasonable search and seizure of their person, property or correspondence.

Question 2

Explain Section 22 Bill of Rights Act

Answer 2

Everyone is protected from random arrest or detention

Question 3

Explain Section 23 Bill of Rights Act

Answer 3

People ARRESTED or DETAINED must be informed of their rights

Question 4

Explain Section 24 Bill of Rights Act

Answer 4

People CHARGED with an offence must be informed of their rights

Question 5

Describe ‘Reasonable’

Answer 5

• In good faith

- Appropriate

Question 6

What Acts and Sections are most commonly used when executing powers of arrest?
Explain sub sections.

Answer 6

Crimes Act 1961 Section 315 (2) (a) and (b)
315(2)(a) FINDS
315(2)(b) CTS
Summary Offences Act 1981 Section 39 (1) and (2)
39(1) CTS
39(2) WITHIN VIEW

Question 7

Explain Crimes Act 1961 Section 315 (2) (a)

Answer 7

-Power to arrest anyone FOUND disturbing the peace OR

committing an offence punishable by imprisonment

Question 8

Explain Crimes Act 1961 Section 315 (2) (b)

Answer 8

• Power to arrest when Police have CAUSE TO SUSPECT
  anyone of having committed a breach of the peace OR
  any offence punishable by imprisonment

Question 9

Explain Summary Offences Act Section 39 (1)

Answer 9

• CAUSE TO SUSPECT of having committed an offence
  against this act.
  Except Sections 17-20, 25, 32-38

Question 10

Explain Summary Offences Act Section 39 (2)

Answer 10

• WITHIN VIEW an act to believed is an offence against
  Sections 17-20, 25, 32-38.
  And fails to give name and address or gives false details

Question 11

How long can you keep someone detained to ‘Preserve the Peace’

Answer 11

2 hours

Question 12

List some examples of what could be considered ‘Good cause to suspect’

Answer 12

• Witness account/ description
• Admission
• Behaviour
• Injuries to them
• CCTV
• Fingerprints