INV102 - NZBORA

Question 1

Police have no power to detain a suspect for questioning without arrest or lawful detention

Answer 1

true

Question 2

A person is in custody when…

Answer 2

words of arrest and physical touch clearly signals the person is not free

Question 3

Match to their descriptions:

1. when a person is detained under an enactment and exercises right to silence
2. when a person is detained for questioning without understanding they are free to leave
3. when a person in authority uses that authority to restrict the movement of another

Answer 3

1. lawful detention
2. arbitrary detention
3. arrest

Question 4

A man is party to a series of offences. You tell the man you have information suggesting he is involved and you want to interview him. He denies involvement but agrees to interview to “clear his name.” During interview he admits his involvement but then changes his mind about continuing the interview.

1. should he have been cautioned at the start of interview
2. can he refuse video/audio record
3. should he have been given his rights when he changed his mind

Answer 4

1. no
2. yes
3. yes

Question 5

can you arrest a suspect for the purpose of interviewing them to gather information

Answer 5

no you cannot

Question 6

what is the meaning of “arbitrary detention” as explained in the case of R v Goodwin

Answer 6

when words or conduct of an officer cause a person to believe they are not free to go

Question 7

if a person is arrested for an offence you cannot interview them because they must appear before the court ASAP

Answer 7

false

Question 8

under s24 of the NZBORA a person shall be released on reasonable terms and conditions unless there is just cause for detention. this applies to..

Answer 8

a person charged with an offence and processed accordingly