Managing Suspects And Offenders

Question 1

Everyone has the freedom to thought and what else?

Answer 1

Conscience
Religion
Belief
Adopt and hold opinions

Question 2

What are the three situations the BOR Act intends to affirm, protect and promote?

Answer 2

Protection against the powers of government agencies
Minimum standards for public decision making
Protection for human rights and basic freedoms

Question 3

When it comes to the limits on the rights and freedoms obtained in the NZBORA,
they are to be reasonable such that they are capable of being what?

Answer 3

‘Demonstrably justified in a free and democratic society’

Question 4

What is an assembly defined as?

Answer 4

2 or more people meeting with a common goal

Question 5

In order to reach the threshold of
Offensive or
Disorderly
Protesters behaviour must be either two things?

Answer 5

Substantially inhibit other people from enjoying the public amenity
And/Or
Cause greater offence than those affected can reasonably be expected to tolerate - to the extent it is seriously disruptive of public order.

Question 6

What is a search suggested as being defined as - by recent case law?

Answer 6

A conscious act of state intrusion into an individuals reasonable expectation of privacy (as opposed to a mere observation)

Question 7

What is a seizure?

Answer 7

Removing something from the possession of someone else?

Question 8

Is an item generated by exercising a S&S power (eg photograph) a seizure?

Answer 8

No

Question 9

A person is regarded as detained if what?

Answer 9

Physical deprivation of that persons liberty
Statutory restraints on a persons movement
They have a reasonably held belief (induced by police or other official conduct) that they are not free to leave

Question 10

When is a statement made by a defendant not admissible against another defendant ?

Answer 10

If it is excluded under the following sections of law
Reliability rule section 28
Oppression rule section 29
Improperly obtained evidence section 30

Question 11

What are the 3 ways the evidence is obtain for it be the definition of improperly obtained evidence as defined by section 30(5) of evidence act 2006?

Answer 11

It is evidence obtained :
1 breach of rule /law against NZBORA
2 in consequence of a statement made by a defendant that would be inadmissible
3 unfairly