New Zealand Bill Of Rights Act 1980 Flashcards
If a person is arrested for an offence you cannot interview them because they must appear before the court as soon as possible.
True or false?
False
Police have no power to detain a suspect for questioning without arrest or lawful detention.
True or false?
True
Section 22 of the NZ bill of rights act 1990 deals with the rights of a person who has been arrested or detained.
Marche the descriptions with the detentions:
When a person in authority uses that authority to restrict the movement of another. = arrest.
When a person is detained for questioning without understanding they are free to leave = arbitrary detention.
When a person is detained under an enactment eg s202B crimes act 1961 and exercises their right to silence = lawful detention.
The meaning of the term ‘arbitrary detention’ is explained in the case R V Goodwin (1993) is.
When words or conduct of an officer cause a person to believe that he or she is not free to go.
Under section 24 of the NZ bill of rights act 1990 a person shall be released on reasonable terms and conditions unless there is just cause for detention.
A person charged with an offence and processed accordingly.
An informant tells you a man is party to a series of recent offences. You tell the man you have information that suggest he is involved and you want to interview him. He denies any involvement and agrees to the interview “to clear his name” during the interview he admits his involvement but then changes his mind about continuing the interview.
Can he refuse a video/audio record = YES
Should he have been given his rights when he changed his mind? YES
Should he have been cautioned at the start of the interview? NO
You can arrest a suspect for the purpose of interviewing them to gather information.
True or false.
False
When deciding whether evidence was improperly obtained, which following considerations will the judge make?
Mark the statements that are correct.
Whether the impropriety was necessary to avoid physical danger to the police and others.
The importance of any right breached and the seriousness of the intrusion on it.
Evidence is improperly obtained if it is.
Select one.
Obtained unfairly or unlawfully.
Consider the statement below and decide whether they are true or false.
When deciding whether to exclude a statement the judge must consider.
Number if question put to the defendant about the offence for which they were arrested = FALSE
Pertinent characteristics of the defendant including any mental, intellectual or physical disability = TRUE
Physical, mental or psychological condition of the defendant when the statement was made. = TRUE
Representation refers to the behaviour of the interviewer who.
Promises a favour in return for a requested action
A statement made by a defendant is admissible as evidence against a co-offender in the proceedings.
True or false
False.
Grant is a 38 year old male who witnesses a stabbing in a local bar. He was a bystander and has no relationship to the victim or the suspect.
Which two reasons could be given to support an application for the video record of his witness interview to be played as his evidence-in-chief.
Select one or more.
Grant says he has been badly affected by the event and can’t sleep.
Grant will be overseas on a planned holiday.
Jane smith is a 27 year old complainant of repeat sexual abuse by her father over the last 15 years.
An application can be made for James video recorded interview with police to be played as her evidence-in-chief on the grounds of the.
Trauma Jane has suffered over the 15 years = TRUE
Relationship between complainant and defendant = TRUE
Sexual nature of her fathers alleged ongoing offending = TRUE
In decisions about admissibility of their interview, characteristics of the suspect such as mental, intellectual, or physical disability are only taken in to account if they are visibly present at the time of the intview.
True or false ?
False
As defined by the evidence act 2006 a statement is limited to a written or verbal assertion by a person on any matter.
True or false?
False
Under section 29 of the evidence act 2006, oppression is defined as.
Select one
Threats, degrading treatment or violence to the defendant or any other person.
Which of the following scenarios could affect the reliability of a suspect interview record ?
When the suspect being interviewed is.
Tired and clearly unwell but is not offered an interview break.
An application for the alternative way of presenting evidence may only be made if the witness is a child, a victim of sexual assault or a member of their family.
True or false?
False
Which of the following scenarios could be an example of evidence that has been improperly obtained?
During an interview with a new immigrant the interviewer..
Select one
Does not ensure the suspect really understands his rights.
Which of the following scenarios could be an example of an interview record that has been improperly obtained ?
Repeatedly asks for a lawyer but the interview continues on wi out one.
Is this statement true or false?
The judge must exclude a statement when he or she is satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected its reliability.
True .
The judge must exclude a defendants statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?
Select one.
Balance of probabilities
Under s103 of the evidence act 206 when deciding on whether to accept an application to give the evidence of a witness in an alternative way, the judge must have regard to whether the alternative way will.
Select one.
Promote the complainants recovery from the alleged offence.
The judge may rule a defendants statement inadmissible if he decides its content is likely to be unreliable.
An example of an inadmissible statement could be a video recording showing the suspect is.
Promised a court outcome in return for information. YES
Confused by the interviewers rhetorical questioning. YES
Affected by drugs or alcohol at the time of interview. YES
The judge must exclude a defendants statement if they are satisfied it was influenced by oppression. What is the standard of proof required?
Select one.
Beyond reasonable doubt
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant.
True or false.
True
Police may interview a person in custody. A person is ‘in custody, when:
Words of arrest are spoken and physical touch clearly signals the person is not free.
