IN06 - The Power of Arrest Flashcards
CRIMES ACT 1961
SECTION 315 (2)(A)
WHAT IS IT AND ELEMENTS?
ARREST WITHOUT WARRANT
- He finds
- Disturbing the public peace
OR - Committing offence
- Punishable by imprisonment
CRIMES ACT 1961
SECTION 315 (2)(B)
WHAT IS IT AND ELEMENTS?
ARREST WITHOUT WARRANT
- He has good cause to suspect
- Of having committed a breach of the peace
OR - Any offence
- Punishable by imprisonment
SUMMARY OFFENCES ACT 1981
SECTION 39 (1)
WHAT IS IT AND ELEMENTS?
ARREST
- He has good cause to suspect
- Of having committed an offence against this act
- Except sections 17-20, 25, 32-38
SUMMARY OFFENCES ACT 1981
SECTION 39 (2)
WHAT IS IT AND ELEMENTS?
ARREST
- Within his view
- Does an act the constable believes is an offence against section 17-20, 25, 32-38
- And fails to give name, address or gives false details. Arrest for the offence seen being committed (eg. excreting in a public place)
CRIMES ACTION 1961
SECTION 316
WHAT IS THIS?
DUTY OF PERSONS ARRESTING
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
- It is impractical to do so
NEW ZEALAND BILL OF RIGHTS ACT 1990
SECTION 23
WHAT IS THIS?
A person who has been arrested must be given their RIGHTS/CAUTIONS immediately following the arrest.
- “You have been arrested/detatined for …”
- “Bill of rights”
- “Do you understand your rights?”
WHAT IS THE TIME FRAME FOR WHICH SOMEONE MAY BE HELD FOR BREACHING THE PEACE?
You have the right to arrest such a person to ‘preserve the peace’. If you do so, you can only keeps a person in custody for up to 2 HOURS.
They do not go to court unless you charge them with a specific offence or such as disorderly behaviour or assault, DURING the two hours.
