Managing Suspects & Offenders Flashcards
s39 Crimes Act 1961
Force used in executing process or arrest
Justified to use such force as necessary to overcome resistance to execution or arrest if can’t be done by reasonable means in less violent manner
s40 Crimes Act 1961
Preventing escape or rescue - may use such force as necessary
s41 Crimes Act 1961 (Q)
Justified to use such force as necessary to prevent suicide or commission of an offence that would cause immediate and serious injury or prevent an act that would amount to suicide
s202A(5) CA 1961
Defence to possession of offensive weapon?
The person charged proves they did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence
s20 NZBOR Act 1990
What is the right regarding search and seizure?
Right to be secure against unreasonable search or seizure
s24 NZBOR Act 1990 (Q)
Rights of persons charged?
Informed of nature and cause of the charge
Released on reasonable terms
Right to consult h instruct lawyer
Adequate time and facilities to prepare defence
May elect trial by jury (2+ yr penalty)
Legal assistance
Assistance of interpreter
BOR given before interview then decision made to charge, do BOR need to be given again? (Q)
Can a suspect waive their right to a lawyer? (Q)
Yes, however it must be established in an unequivocal manner. It must be waived clearly and with full knowledge of that right.
A valid waiver requires a conscious choice that is both informed and voluntary, it cannot be implied from silence or failure to request rights
When are defendant statements not admissible?
s28, s29, s30 Evidence Act 2006
s28 - exclusion of unreliable statements
s29 - statements influenced by oppression
s30 - improperly obtained evidence
When must a judge exclude a statement under the oppression rule? s29 EA 2006
Must exclude the statement unless satisfied beyond reasonable doubt that the statement was not influenced by oppression
Meaning of oppression?
Oppressive, violent, inhuman or degrading conduct towards or treatment of the defendant or another person
A threat of conduct or treatment of that kind
When is evidence obtained improperly? s30
In consequence of a breach of any enactment or rule of law
In consequence of a statement that is or would be inadmissible if it were offered in evidence
Unfairly
5 notes n police questioning?
s30(6) EA 2006
1) may ask questions of any person
2) sufficient evidence to charge or question person in custody they must be cautioned
3) questioning must not amount to cross examination
4) substance of statements and nature of evidence must be fairly explained
5) recorded on video
(Q)
Interview for burglary full admissions then evidence of other offence, what do you do?
