Initial Investigation

Question 1

What is section 316 Crimes Act 1961?

Answer 1

Any person arrested must be informed at the time of arrest the reason for arrest unless:
- reason is obvious
- it is impractical to do so

Question 2

What is section 23 Bill of Rights Act 1990?

Answer 2

Person who has been arrested must be given their caution rights immediately after arrest

Question 3

What is the purpose of arrest?

Answer 3

Taking a person suspected of committing an offence into custody or temporarily taking away their liberty for the following reasons:
- safeguard public interest (preventing further offence/ destroying evidence)
- ensuring person appears in court
- protecting persons own interest

Question 4

Where do an officers powers of arrest without warrant come from?

Answer 4

• Section 315 of the Crimes Act 1961
• Section 39 of the Summary Offences Act 1981

Question 5

What’s the main difference between S315 Crimes Act 1961 and S39 Summary Offences Act 1981?

Answer 5

Crimes act is for offences that carries term of imprisonment.

Summary offences act is for lower level offences (eg. Summons only).

Officers can also arrest under S39 Summary Offences Act 1981 if those receiving fines give false information.

Question 6

What is S21 of the NZBORA 1990?

Answer 6

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

Question 7

What is S22 of the NZBORA 1990?

Answer 7

Everyone is protected from arbitrary or random arrest or detention

Question 8

What is S23 of the NZBORA 1990?

Answer 8

People arrested or detained under any enactment have rights and must be informed of those rights

Question 9

What is S24 of the NZBORA 1990?

Answer 9

People charged with an offence have certain rights and must be informed of those rights

Question 10

What is Practice Note 1 on Police Questioning?

Answer 10

You can’t force subject to answer but you can ask what you like.

If subject refuses to answer it won’t amount to wilful obstruction of police officer under S23 of the summary offences Act 1981. False information may however.

Question 11

What is Practice Note 2 on Police Questioning?

Answer 11

You’ve got to give bill of rights when in your head, you have enough to charge/ arrest (otherwise evidence before this will be thrown away)

Question 12

What is Practice Note 3 of Police Questioning?

Answer 12

Can’t cross examine (but can clarify)

Question 13

What is Practice Note 4 of Police Questioning?

Answer 13

Whenever person questioned about statements made by others, nature of evidence must be fairly explained

Question 14

What is Practice Note 5 of Police Questioning?

Answer 14

Must be given opportunity to go back and watch video interview

Question 15

What does status 10-3 on the radio mean?

Answer 15

Available (when unit has finished a job)

Question 16

What does 10-1 mean?

Answer 16

Message for all units

Question 17

What does 10-9 mean?

Answer 17

Urgent message follows

Question 18

What does K-1 mean?

Answer 18

No further action required. Close the job.

Question 19

What does K-3 mean?

Answer 19

Although reported as offence, no offence disclosed. No further action required. Close the incident.

Question 20

What does K-6 mean?

Answer 20

A written report will be submitted for this incident. Close the incident.

Question 21

What does K-9 mean?

Answer 21

A person has been arrested. Close the incident.