Managing Suspects & Offenders

Question 1

What is section 39 of the Crimes Act?

Answer 1

Use of force in execution of a process or arrest

Question 2

What is section 40 of the Crimes Act?

Answer 2

Use of force in preventing escape or rescue

Question 3

What is section 41 of the Crimes Act?

Answer 3

Use of force to prevent suicide or certain offenses

Question 4

What is section 42 of the Crimes Act?

Answer 4

Anyone has the power to detain someone to prevent further breach of the peace and give then into the custody of a constable

Question 5

What is section 202A of the Crimes Act?

Answer 5

Possession of an offensive weapon or disabling substance

• public place
• prima facie intent to commit an offense

Question 6

What is section 8 of the Bail of Rights Act?

Answer 6

The right not to be deprived of life

Question 7

What is section 9 of the Bail of Rights Act?

Answer 7

The right not to be tortured

Question 8

What is section 13 of the Bail of Rights Act?

Answer 8

Freedom of thought, conscience and religion

Question 9

What is section 14 of the Bail of Rights Act?

Answer 9

Freedom of expression

Question 10

What is section 15 of the Bail of Rights Act?

Answer 10

Freedom to manifest their religion or belief in public or private

Question 11

What is section 16 of the Bail of Rights Act?

Answer 11

Right to form a peaceful assembly

Question 12

What is section 17 of the Bail of Rights Act?

Answer 12

Freedom of association

Question 13

What is section 18 of the Bail of Rights Act?

Answer 13

Freedom of movement and residence

Everyone legally in nz has freedom of movement
Anyone may leave nz
No one is required to leave nz except when the decision is made under prescribed law

Question 14

What is section 19 of the Bail of Rights Act?

Answer 14

Freedom from discrimination

Question 15

What is section 20 of the Bail of Rights Act?

Answer 15

Rights of minorities

Question 16

What is section 21 of the Bail of Rights Act?

Answer 16

Security against unreasonable search and seizure

Question 17

What is section 22 of the Bail of Rights Act?

Answer 17

The right not to be arbitrarily arrested

Question 18

What is section 23 of the Bail of Rights Act?

Answer 18

BOR at time of arrest

Question 19

What is section 24 of the Bail of Rights Act?

Answer 19

Rights of the person charged

Promptly informed of detail of charge
Released unless cause for continued detention 
Right to instruct a lawyer
Right to prepare a defense
Free interpretator

Question 20

What is section 25 of the Bail of Rights Act?

Answer 20

Minimum standards or criminal procedure

Right to a fair public hearing
Tried without undue delay
Innocent until proven guilty
Right to appeal

Question 21

What must a gathering do in order to reach the threshold of offensive or disorderly when the gathering is conveying an opinion?

Answer 21

• substantially inhibit other people from enjoying their right ot use a public place or amenity and/or
• cause greater offense than those affected can reasonably be expected to tolerate, to the extent that it is seriously disruptive of public order

Question 22

Is a breach of the peace an offence?

Answer 22

No

But carries a power of arrest

Question 23

Who may a child or young person have present with them according to the Rights Caution?

Answer 23

A lawyer AND a support person