NZ Bill of Rights Act Flashcards
0
Q
What is meant by the terms:
- Arbitrary Detention
- Detained under any enactment
A
- Arbitrary Detention: means to detain randomly/ randomly
- Detain under any enactment: means to detain for the purpose of exercising a statutory power.
1
Q
Summarise the 4 Sections of the NZ Bill of Rights Act that are relevant to Police.
A
- Section 21:
Every person should be secure against unreasonable search and seizure. - Section 22:
Everyone is protected from arbitrary or random arrest. - Section 23:
People Arrested or detained have rights and must be informed of those rights. - Section 24:
People charged with an offence have rights and must be informed of their rights.
2
Q
What should you tell a suspect in order to avoid arbitrary detention?
A
- You are free to leave at any time
OR - You do not have to remain to answer my questions.
3
Q
When must the Section 23 Rights/Caution be given when using a specific power to search?
A
- The Section 23 Rights/Caution must be given as soon as a person is detained under the enactment.
4
Q
What is likely to happen if you fail to give a suspect their Section 23 Rights/Caution?
A
- Failure to give a Section 23 Rights/Caution may mean the evidence and/or statement may be inadmissible in court.
5
Q
How and when should Section 24 apply?
A
- Inform the person of the nature of the charge.
- Give the person the opportunity to consult/ instruct a lawyer without delay and in private.
6
Q
What is the Section 23 Rights/Caution?
A
- recite as per the notebook page.