IN06 Powers of Arrest Flashcards
What are your powers of arrest under section 315 of the Crimes Act 1961?
Any constable and all persons whom they call to their assistance may arrest and take into custody, without warrant, any person who:
Sec 315(2)(a) HE FINDS
Disturbing the public peace
or
Committing any offence
Punishable by imprisonment
Sec 315(2)(b) HE HAS GOOD CAUSE TO SUSPECT
Of having committed breach of the peace
or
Any offence
Punishable by imprisonment
What are your powers of arrest under section 39 of the Summary of Offences Act?
Any constable and all persons whom they call to their assistance may arrest and take into custody, without warrant, any person who:
Sec 39(1)
HE HAS GOOD CAUSE TO SUSPECT
of having committed an offence against this Act
Except sections 17-20, 25, 32-38
Sec 39(2) WITHIN HIS VIEW does an act the constable believes is an offence against Sections 17-20, 25, 32-38
AND fails to give name and address or gives false details. Arrest for the offence seen being committed.
What is ‘good cause to suspect’?
Suspicion may be gained by such things as your observations, statements from witnesses, admissions for the offender, scene examination and forensic evidence.
What is the purpose of arrest?
is to deprive people of their liberty
What is ‘arrest’?
An arrest is a statement from a constable:
“You are under arrest” plus rest of the caution rights
PLUS
formally touching the body of the person being arrested
or
an agreement from the person being arrested that they will submit tot he process.
What is Section 316 of the Crimes Act 1961?
Any person who is arrested must be informed at the time of the arrest of the reason for the arrest unless:
- the reason is obvious, or
- it is impractical to do so
What id the Practice Note on Police Questioning Section 30(6) Evidence Act 2006?
requires that where there is sufficient evidence to charge a person with an offence or if you wish to interview a person in custody, you must first give the usual Rights Caution.
What are the Sections in the NZ Bill of Rights Act 1990 that relate to ‘Search, Arrest, Detention?
Section 21 Unreasonable search and seizure
Section 22 Liberty of the person
Section 23 Rights of person arrested or detained
What is Section 21 of the NZ Bill of Rights 1990?
Unreasonable search and seizure
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.
What is Section 22 of the NZ Bill of rights Act 1990?
Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained.
What is Section 23 of the NZ Bill of Rights Act 1990?
Rights of persons arrested or detained
(1) Everyone who is arrested or who is detained under any enactment—
(a) shall be informed at the time of the arrest or detention of the reason for it; and
(b) shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
(c) shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
(2) Everyone who is arrested for an offence has the right to be charged promptly or to be released.
(3) Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.
(4) Everyone who is—
(a) arrested; or
(b) detained under any enactment—
for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.
(5) Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.
Why do we arrest people?
W witnesses (to protect)
E exhibits (to protect)
E ensure appearance in court
P prevent further offending
