Managing Suspects/Offenders Flashcards
Crimes act s39 – force used in executing process or in arrest…
How much force can be used?
Use of force as maybe necessary to overcome any force used in resisting such arrest…
… unless the arrest can be made by reasonable means in a less violent manner.
(This section does not apply where the force used is intended or likely to cause death/GBH)
What does S40 Crimes Act refer to?
Use of force as may be reasonably necessary to
a) prevent the escape of that person to avoid arrest or
b) to prevent the escape or rescue of that person after his arrest
(unless it can be done in a less violent manner)
What does s41 of the Crimes Act refer to?
EVERYONE is justified in using such force as may be reasonably necessary in order to prevent…
a) suicide
b) an offence which would likely cause immediate or serious injury to the person
c) any act which with RGTB would, if committed, amount to suicide
What does s42 of the Crimes Act refer to?
EVERYONE who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal and may detain any person committing it, in order to give him to the custody of a Constable.
(Person must use no more force than reasonably necessary or than is reasonable in the circumstances)
s202a Possession of Offensive Weapons
What is the defence under s4(b)?
(4)(b) states “who has in his possession in any place any offensive weapon or disabling substance in circumstances that Prima facie show an intention to use it to commit an offence involving injury or the threat/fear of violence”
It is a defence if the person charged proves that he did not intend to use the offensive weapon to commit an offence
CASE LAW: in Attorney general v Reid, Reid was a protestor at Waitangi Day 1983. He was arrested for breach of the peace for abusing police, and the previous experiences of Waitangi Day protests.
What point did this highlight?
There was no reasonable ground for apprehension of a breach of peace because there is no power of arrest for anticipated breaches of the peace.
Proper procedure would have been to warn and arrest for obstruction.
What does s8 of the BORA 1990 regard?
Right not to be deprived of life
Except on such grounds as are est by law and consistent with fundamental justice (ie death in custody or death by police)
What does s9 of the BORA 1990 relate to?
Right not to be subjected to torture or cruel treatment.
Treatment of prisoners, I.e. all persons treated with respect and dignity.
What does s13 of BORA 1990 relate to?
Freedom of thought, conscience, religion, belief
What does s14 BORA1990 relate to?
Freedom of expression
Freedom to speak, have opinions of any kind. But excludes hate speech and defamation which is unlawful.
What is assembly defined as under s16 of the BORA 1990?
Assembly = 2 or more people meeting with common goal.
S16 is the Freedom of Peaceful Assembly.
For an assembly to be found non-peaceful it requires a serious and aggressive effect on people or property.
How is s18 BORA 1990 (Freedom of movement) relevant to frontline policing?
- everyone lawfully in NZ has right to freedom of movement
- every NZ citizen has right to enter NZ
- everyone has the right to leave NZ
This should be regarded when considering an unreasonable bail condition, road closures, etc
Describe s21 BORA - Unreasonable Search and Seizure
There is to be a reasonable expectation of privacy from intrusion from the govt.
A search or seizure is considered reasonable if it is conducted under a statutory power and the public interest outweighs the individuals privacy interest.
Unlawful searches will almost always be in breach of s21. Exception- good faith.
It can be unreasonable due to circumstances I.e. strip searched in the street
What usually happens when there has been a breach of s21 BORA (unreasonable search/seizure)?
Exclusion of evidence under s30 of Evidence Act
Some unreasonable searches may also warrant compensation!
What does s22 BORA “Liberty of Person” describe?
everyone has the right not to be arbitrarily arrested or detained.
E.g. keeping a person in custody longer than necessary, stopping a vehicle to undertake enquires, unlawful arrests/detainments