NZ Bill of Rights Act 1990 Flashcards
True or False: You can arrest a suspect for the purposes of interviewing them to gather information.
False
True or False: If a person is arrested for an offence you cannot interview them because they must appear before the court as soon as possible.
False
What is the meaning of the term ‘arbitrary detention’ as explained in the case R v Goodwin (1993)?
When words or conduct of an officer cause a person to believe that he or she is not free to go.
True or False: Police have no power to detain a suspect for questioning without arrest or lawful detention.
True
An informant tells you that a man is party to a series of recent offences. You tell the man you have information that suggests he is involved and you want to interview him. He denies any involvement and agrees to the interview. During the interview he admits to his involvement but then changes his mind about continuing with the interview.
- Should he have been cautioned at the start of the interview?
- Can he refuse a video/audio record?
- Should he have been given his rights when he changed his mind?
- No
- Yes
- Yes
Under section 24 of BOR Act 1990 a person shall be released on reasonable terms and conditions unless there is just cause for detention.
Who does this apply to?
A person charged with an offence and processed accordingly.
Police may interview a person in custody.
A person is ‘in custody’ when:
Words of arrest and physical touch clearly signals the person is not free.
Section 22 of BOR Act 1990 deals with the rights of a person who has been arrested or detained. What are the following types of arrest or detention?
- A person detained under an enactment.
- A person is detained for questioning without understanding that they are free to leave.
- A person in authority uses that authority to restrict the movement of another.
- Lawful detention.
- Arbitrary detention.
- Arrest.
