Managing Suspects & Offenders Flashcards
Managing Suspects & Offenders.
What is S39 Crimes Act 1961?
Force used in executing process or in arrest.
- Such force as reasonably necessary.
- This section shall not apply where the force used is intended or likely to cause death or grievious bodily harm.
Managing Suspects & Offenders.
What is S40 Crimes Act 1961?
Preventing escape or rescue.
- Such force as reasonably necessary.
- To prevent escape of that person if he or she takes flight in ordeer to aviod arrest.
- In a less violent matter.
- This section shall not apply where the force used is intended or likely to cause death or grievious bodily harm.
Managing Suspects & Offenders.
What is S41 Crimes Act 1961?
Preventing suicide or certain offences.
- Such force as reasonably necessary.
- Prevent suicide.
- Commission of an offence likely to cause immediate or serious injury to person or property of any one.
Managing Suspects & Offenders.
What is S42 Crimes Act 1961?
- Such force as reasonably necessary.Preventing breach of the peace.
- Everyone, who witnesses a breach is justified in interfering to prevent a continuance or renewal.
- Such force as reasonably necessary.
Managing Suspects & Offenders.
What is S315 Crimes Act 1961?
Arrest without Warrant.
- Any Constable may arrest without warrant.
- Disturbing the public peace.
- Offence punishable by imprisonment.
- GCTS of having committed an offence punishable by imprisonment.
Managing Suspects & Offenders.
What is S316 Crimes Act 1961?
Duty of persons arresting.
- Duty to inform the Act or Omission as soon as possible.
- Released via summons under S 28 Criminal Procedure Act 2011.
- Released on bail under S21 Bail Act 2000.
Managing Suspects & Offenders.
What is S8 NZBORA 1990?
Right not to be deprived of life
Managing Suspects & Offenders.
What is S9 NZBORA 1990?
Right not to be subjected to torture or cruel treatment.
- Degrading / Disproportionately severe treatment or punishment.
Managing Suspects & Offenders.
What is S13 NZBORA 1990?
Freedom of thought, conscience, and religion.
Managing Suspects & Offenders.
What is S14 NZBORA 1990?
Freedom of expression.
- Seek / Recieve / Impart.
- Information and opinion.
- The limit must be reasonable in the circumstancesof the behaviour.
Managing Suspects & Offenders.
What is S15 NZBORA 1990?
Manifestation of religion and belief.
Individually / Community with others / Public / Private.
Managing Suspects & Offenders.
What is S16 NZBORA 1990?
Freedom of Peaceful Assembly.
- 2 or more people meeting with a common goal.
- Must be peaceful to be protected by thier right to assemble.
- Non Peaceful, must be a serious /aggressive effect on poeple or property is required.
Managing Suspects & Offenders.
What is S17 NZBORA 1990?
Freedom of Association.
Managing Suspects & Offenders.
What is S18 NZBORA 1990?
Freedom of Movement.
Managing Suspects & Offenders.
What is S19 NZBORA 1990?
Freedom from discrimination.
Managing Suspects & Offenders.
What is S20 NZBORA 1990?
Rights of Minoritoies.
Managing Suspects & Offenders.
What is S21 NZBORA 1990?
Unreasonable Search and Seizure.
Managing Suspects & Offenders.
What is S22 NZBORA 1990?
Liberty of the Person.
Not to be arbitrarily arrested or detained.
Managing Suspects & Offenders.
What is S23 NZBORA 1990?
Rights of persons arrested or detained.
Informed of:
- Time of arrest.
- Consult Lawyer.
- Right to have validity.
Managing Suspects & Offenders.
What is S24 NZBORA 1990?
Rights of persons charged.
Informed of: - details & nature of the offence. - Consult Lawyer. - Adequate time for defence. - Released on reasonable terms. - Free legal assistance. - Free interpreter.
Managing Suspects & Offenders.
What is S25 NZBORA 1990?
Minimum Standards of Criminal Precedures.
- Rights to a fair trial.
- Rights to trial without delays.
- Not compelled to confess.
- Not compelled to be a witness.
- The right to examine the witness.
Managing Suspects & Offenders.
What is S28 The Evidence Act 2006
Exclusion of unreliable statements.
- S28(3) Exception to reliability.
- S28(4) Assessment of reliability.
- S29 The oppression rule.
Managing Suspects & Offenders.
What is S30 The Evidence Act 2006
Improperly obtained evidence.
Managing Suspects & Offenders.
When did the Practice Note on Police Questioning come into force?
On 1st August 2007 the Evidential Act 2006.
Clause 1: Police may ask questions of any person to assist with enquiries. Police must not suggust that the person must answer.
Managing Suspects & Offenders.
Te Raranga
Recommendations 42 Royal Commission.
- Christchurch Terrorist Attack.
- Support victims / witnesses / Communities to recognise and report.
- Align partner agenciesto work together.
- Train staff to recognise, record, and respond to hate crimes.
