IN06 - ARREST AND RIGHTS CAUTION

Question 1

Identify powers of arrest without warrant under S315 Crimes Act 1961

Answer 1

S315(2)(a)

HE FINDS
disturbing the peace OR committing any offence punishable by imprisonment

S315(2)(b)
HE HAS GOOD CAUSE TO SUSPECT
having committed breach of the peace OR any offence punishable by imprisonment

Question 2

Identify powers of arrest without warrant under S39 Summary Offences Act 1981

Answer 2

S39(1)
HE HAS GOOD CAUSE TO SUSPECT
having committed an offence against this act. exceptions S17-20, 25, 32-38

S39(2)
WITHIN HIS VIEW
does an act the constable believes is an offence against S17-20, 25, 32-38 and fails to give ID or false details. Arrest for the offence seen being committed. Eg excreting in public.

Question 3

What is the timeframe someone can be held for breaching the peace?

Answer 3

2 hours

Question 4

What 4 sections of BoR 1990 have relevance for police?

Answer 4

SECTION 21: search and seizure

SECTION 22: arbitrary or random arrest or detention.

SECTION 23: People arrested or detained under any enactment have rights and must be informed of those rights.

SECTION 24: People charged with an offence have certain rights and must be informed of their rights.

Question 5

At what point is a person deemed to be detained?

Answer 5

When the person being detained believes that they are not free to leave and have been given their rights

Question 6

Difference between reasonable and lawful?

Answer 6

Lawful = follows legislation
Reasonable = executed within power of authority, in good faith

Question 7

What must be said when you arrest a person?

Answer 7

You are under arrest for …

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 of lawyers you may speak to for free

Question 8

What do you say when you advise a person they are being detained under any enactment?

Answer 8

You are being detained under section … of the … Act

or;

You are being detained under the … Act

+ explain rights as you would for an arrested person.