IN06: Arrest & Rights Caution (must Know)

Question 1

Crimes act 1961 sec 315(2)

Answer 1

May arrest and take into custody with most warrant:
A) finds breach of peace. (Yelling 3am)
B) key for us good cause to suspect. (Fitting description given, clothes)

Question 2

Section 39(1)summary offence act 1981

Answer 2

Good cause to suspect of having committed an offence

Question 3

Section 39(2) SOA 1981

Answer 3

Within his view, fails to give his name and address, reasonably believes to be false

Question 4

WEEP reasons to arrest

Answer 4

Witness/victim protection if needed
Ensure appearance in court or resolution
Ensure safety of evidential material
Prevent further offending if left at the scene

Question 5

Crimes act 1961 section 316(1) duties of making an example

Answer 5

Informed them of what they are arrest for. At time of arrest. Unless this is impractical or in the circumstance obvious.

Question 6

What is Section 21 of the NZ BORA 1981

Answer 6

No reasonable search and seizure.

Question 7

Section 22

Answer 7

No random arrest or detention. Arbitrary

Question 8

Section 23

Answer 8

Person detained must be fairly informed of their rights.

Question 9

Section 24

Answer 9

When person charged they must be advised of nature of charge and give access to a lawyer