Legal Powers/Legislation

Question 1

What is section 39 of the Crimes Act 1961?

Answer 1

The use of force in making or assisting with an arrest
OR
The use of such force that may be necessary to overcome any force used in resisting an arrest

Question 2

What is Section 40 of the Crimes Act 1961?

Answer 2

The force used in preventing an escape or rescue

Question 3

What is Section 41 of the Crimes Act 1961?

Answer 3

The force used in preventing a suicide or certain offences

Question 4

What is Section 42 of the Crimes Act 1961?

Answer 4

Force used in preventing breach of the peace (1R)

Question 5

What is Section 48 of the Crimes Act 1961?

Answer 5

Force used in self defence and defence of another

Question 6

What is Section 62 of the Crimes Act 1961?

Answer 6

Excess force.
Everyone authorised by law to use force is criminally responsible for any excess use of force

Question 7

What is Section 32 of the Policing Act 2008

Answer 7

The power to identify particulars of a person in custody, specifically:
- Name, DOB, address
- Photo
- Fingerprints

Question 8

What is Section 36 of the Health & Safety Act 2015?

Answer 8

Police have a duty of care to ensure the health and safety of anyone in their custody is not put at risk from the work carried out by Police

Question 9

What is Section 36 of the Policing Act 2008?

Answer 9

The care and protection of intoxicated people.

The act which allows Police to detain an intoxicated person if they are a risk to:
- Themselves
- Other people
- Or likely to cause significant damage to property
AND
- They are unable be cared for and protected by a person at their home address or a shelter

Question 10

Under Section 36 of the Policing Act 2008 how long can we hold an intoxicated person in our custody?

Answer 10

For 12 hours or as soon as the person is no longer intoxicated. If they are still intoxicated the detainee may only remain if custody if it health practitioner recommends it and all of section 36 still applies.

Question 11

What is Section 151 of the Crimes Act 1961?

Answer 11

The duty of everyone who has care or charge of a person who is a vulnerable adult and who is unable to provide themselves with the necessaries to:
- Provide that person with necessaries and
- Protect them from injury

Question 12

What is Section 11 of the Search and Surveillance Act 2012?

Answer 12

The power to warrantless search a person who is, or is to be, locked up in Police Custody

Question 13

When can you re-search a detainee that has already been searched under Section 11 (3) of the Search and Surveillance Act 2012?

Answer 13

When a S11 search has been carried out and
- You believe that a detainee may be in possession of something that may harm themselves or others or assist with their escape
- A detainee has been in close contact with another person who has not undergone a S11 search yet

Question 14

Under Section 125 of the Search and Surveillance Act 2012, what must you do?

Answer 14

When searching a person you must:
-Identify yourself with your name or QID
- Provide them with the name of the Act and reason for the search
- Provide evidence of your ID if you are not in Police uniform
- Promptly provide an inventory of the items you have seized and give a copy to the person searched

Question 15

What act and section are you able to complete a rub down search of an arrested or detained person?

Answer 15

Section 85 or 88 of the Search and Surveillance Act 2012

Question 16

What may a rub-down search include searching?

Answer 16

1. Any item carried by or in possession of that person
2. Any outer clothing removed, raised, lowered, or opened for the purpose of the search
3. Any head covering, gloves or footware (including socks)

Question 17

What section and act outlines the guidelines and rules about use of strip searching?

Answer 17

Section 126 of the Search and Surveillance Act 2012

Question 18

Under what act and section may a young person be detained in Police Custody?

Answer 18

Section 236 of the Oranga Tamariki Act 1989

Question 19

Under Section 236 of the Oranga Tamariki Act 1989 how long are we allowed to detain a young person for?

Answer 19

Up to but not exceeding 24 hours or until their next court appearence

Question 20

Under Section 236 of the Oranga Tamariki Act 1989 what are the two reasons for a youth to be detained in Police Custody?

Answer 20

1. The young person who has been arrested is likely to abscond or be violent
   AND
2. There is no suitable facility for the young person to be detained safely

Question 21

Under Section 34 of the Corrections Act 2004 what is the initial period of time a remand/sentenced prisoner may be held in Police cells?

Answer 21

No more than 7 days, however this may be extended by 14 days if the Cheif Executive or the representative authorises it. The maximum total stay is 35 days

Question 22

Under Section 59 of the Immigration act 1987 how long are Police able to detain an immigration deportee for?

Answer 22

Up to 72 hours

Question 23

When can Police bail not be granted?

Answer 23

• If they are charged with treason, murder, a drug dealing offense, a serous class A drug offense, Male assaults Female, assault on a person in a family relationship or an offence punishable by imprisonment and has previous convictions punishable by imprisonment.
• When the defendant has been arrested on a WTA (warrant to arrest)
• Restrictions on bail under Section 12

Question 24

What are the 3 types of monitoring a detainee could be on ?

Answer 24

1) Not in need of a specific care, the detainee must be checked at least every two hours

2) In need of care and frequent monitoring, the detainee must be checked at least 5 times per hour at irregular intervals

3) In need of care and constant monitoring, the detainee must be directly observed without interruption.