Managing Suspects & Offenders Flashcards

1
Q

Managing Suspects & Offenders.

What is S39 Crimes Act 1961?

A

Force used in executing process or in arrest.

  • Such force as reasonably necessary.
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2
Q

Managing Suspects & Offenders.

What is S40 Crimes Act 1961?

A

Preventing escape or rescue.

  • Such force as reasonably necessary.
  • To prevent escape or rescue.
  • In a less violent matter.
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3
Q

Managing Suspects & Offenders.

What is S41 Crimes Act 1961?

A

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.
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4
Q

Managing Suspects & Offenders.

What is S42 Crimes Act 1961?

A
  • 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.
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5
Q

Managing Suspects & Offenders.

What is S315 Crimes Act 1961?

A

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.
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6
Q

Managing Suspects & Offenders.

What is S316 Crimes Act 1961?

A

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.
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7
Q

Managing Suspects & Offenders.

What is S8 NZBORA 1990?

A

Right not to be deprived of life

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8
Q

Managing Suspects & Offenders.

What is S9 NZBORA 1990?

A

Right not to be subjected to torture or cruel treatment.

  • Degrading / Disproportionately severe treatment or punishment.
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9
Q

Managing Suspects & Offenders.

What is S13 NZBORA 1990?

A

Freedom of thought, conscience, and religion.

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10
Q

Managing Suspects & Offenders.

What is S14 NZBORA 1990?

A

Freedom of expression.

  • Seek / Recieve / Impart.
  • Information and opinion.
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11
Q

Managing Suspects & Offenders.

What is S15 NZBORA 1990?

A

Manifestation of religion and belief.

Individually / Community with others / Public / Private.

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12
Q

Managing Suspects & Offenders.

What is S16 NZBORA 1990?

A

Freedom of Peaceful Assembly.

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13
Q

Managing Suspects & Offenders.

What is S17 NZBORA 1990?

A

Freedom of Association.

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14
Q

Managing Suspects & Offenders.

What is S18 NZBORA 1990?

A

Freedom of Movement.

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15
Q

Managing Suspects & Offenders.

What is S19 NZBORA 1990?

A

Freedom from discrimination.

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16
Q

Managing Suspects & Offenders.

What is S20 NZBORA 1990?

A

Rights of Minoritoies.

17
Q

Managing Suspects & Offenders.

What is S21 NZBORA 1990?

A

Unreasonable Search and Seizure.

18
Q

Managing Suspects & Offenders.

What is S22 NZBORA 1990?

A

Liberty of the Person.

Not to be arbitrarily arrested or detained.

19
Q

Managing Suspects & Offenders.

What is S23 NZBORA 1990?

A

Rights of persons arretsed or detained.

Informed of:
- Time of arrest.
- Consult Lawyer.
- Right to have validity.

20
Q

Managing Suspects & Offenders.

What is S24 NZBORA 1990?

A

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.
21
Q

Managing Suspects & Offenders.

What is S25 NZBORA 1990?

A

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.
22
Q

Managing Suspects & Offenders.

What is S28 The Evidence Act 2006

A

Exclusion of unreliable statements.

  • S28(3) Exception to reliability.
  • S28(4) Assessment of reliability.
  • S29 The oppression rule.
23
Q

Managing Suspects & Offenders.

What is S30 The Evidence Act 2006

A

Improperly obtained evidence.

24
Q

Managing Suspects & Offenders.

When did the Practice Note on Police Questioning come into force?

A

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.

25
Q

Managing Suspects & Offenders.

A