Managing Suspects and Offenders

Question 1

Sec.39 CA61

Answer 1

Arrest

Question 2

Sec.40 CA61

Answer 2

Prevent Escape

Question 3

Sec.41 CA61

Answer 3

Prevent Suicide,
and
serious injury to persons or property

Question 4

Sec.202A CA61 Possession of Offensive Weapon

Answer 4

*Everyone
*without lawful authority or reasonable excuse
*has with him
*in any public place
*any knife, offensive weapon or disabling substance

Question 5

Definition of offensive weapon

Answer 5

Any article made or altered
for use for causing bodily injury
or intended by the person having it for such use

Question 6

What did R v Goodwin determine in relation to arrest?

Answer 6

Police communicated intention to hold the person under lawful authority

Question 7

3 situations in which a person is regarded as Detained

Answer 7

• Physical Deprivation (of their liberty)
• Statutory Restraints (on their movement)
• Reasonable Belief they are not free to leave (by Police conduct)

Question 8

Sec.7 SASA 2012 (warrantless place/vehicle)

Answer 8

May enter place/vehicle to search and arrest person if:
RGTS unlawfully at large; AND
RGTTB person is there

Question 9

Sec.9 SASA 2012 (warrantless stop vehicle)

Answer 9

May stop vehicle to arrest person if:
RGTS person
- unlawfully at large, or
- has committed imprisonable offence; AND
RGTB person in vehicle

Question 10

When must you caution an adult?

Answer 10

When arrested or detained; or
want to question them where there is sufficient evidence to charge

Question 11

When questioning a person about statements made by others, or about other evidence, what must you do?

Answer 11

The substance of the statement, or nature of the evidence must be fairly explained

Question 12

Sec.28 EA2006 the reliability of a statement relates to?

Answer 12

The accuracy and soundness of the statement

Question 13

What are the 2 exceptions to the reliabilty rule for the prosecution?

Answer 13

Where prosecution offers statement as evidence ….
* of the defendant’s physical, mental condition at time statement made
*a statement was made by the defendant

Question 14

Sec.29 EA 2006 Oppression includes? (OVIDT)

Answer 14

Oppressive, violent, inhuman or degrading conduct, or threat of

Question 15

Under Sec.29 Oppression, does it matter whether the statement is true or false?

Answer 15

No. It is irrelevant whether or not the statement is true

Question 16

Sec.30 EA 2006 Improperly obtained evidence defined

Answer 16

*Breach of NZ BOR, or other enactment
*Inadmissible statement
*Unfair

Question 17

What are the recent changes to rights for a CYP?

Answer 17

1. Right to speak with lawyer or nominated person or BOTH (before deciding to make statement/answer any questions)
2. Right to have lawyer or nominated person or BOTH (while making statement/answer any questions)

Question 18

What was the High Court’s findings in R v Phillips?

Answer 18

The importance of complying with Rule 5 Chief Justice’s Practice Note - full, accurate notes are to be recorded and defendant should be given the opportunity to review and confirm as correct by reading and signing

Question 19

Chief Justice’s Practice Note on Questioning - Rule 1

Answer 19

Police may ask questions of any person, but MUST NOT SUGGEST THEY ANSWER

Question 20

Chief Justice’s Practice Note on Questioning - Rule 2

Answer 20

If sufficient evidence to charge, or if questioning a person in custody - MUST BE CAUTIONED

Question 21

Chief Justice’s Practice Note on Questioning - Rule 2(c)

Answer 21

Anything said by the suspect arrested or detained, MUST BE RECORDED (video, audio or written)

Question 22

Chief Justice’s Practice Note on Questioning - Rule 3

Answer 22

Questions of a person in custody, or sufficient evidence to charge, MUST NOT AMOUNT TO CROSS-EXAMINATION

Question 23

Chief Justice’s Practice Note on Questioning - Rule 4

Answer 23

Whenever suspect questioned about statements by others, SUBSTANCE OF ALLEGATION MUST BE PUT TO THE SUSPECT

Question 24

Chief Justice’s Practice Note on Questioning - Rule 5

Answer 24

Statement by person in custody, or sufficient evidence to charge, MUST BE VIDEO, AUDIO, WRITTEN. Also must be given opportunity to review, read and sign as correct