Offenders

Question 1

Justifying force under sec 39

Answer 1

Force used in process or arrest. Protection/justification extends to persons assisting unless could reasonably be done in less violent manner.

Question 2

Justifying force under sec 40

Answer 2

Preventing escape or rescue. Protection/justification extends to persons assisting unless could reasonably be done in less violent manner.

Question 3

Justifying force under sec 41

Answer 3

Suicide/certain offences. Justified in using force to prevent suicide or certain offences likely to immediately cause harm or serious injury to person or property of anyone or to prevent any act which would lead to suicide or any such offence.

Question 4

Justifying force under sec 42

Answer 4

Anyone witnessing BOP can interfere to prevent it and deliver to Constable. Use of force must be reasonably proportionate to danger from continuance or renewal.
No power for anticipated BOP

Question 5

NZ BORs Act Police obligations (5)

Protection Against Arrested Charged Minimum

Answer 5

Protection against unreasonable search and seizure
Prot against arbitrary arrest and detention
Rights of person arrested or detained
Rights of person charged with offence
Minimum standards of Criminal procedure

Question 6

What is an unreasonable search?

Answer 6

If circ giving rise to it make the search itself unreasonable or if the search is carried out in an unreasonable manner

Question 7

When to give BOR caution

Answer 7

Adults - arrested/detained, want to question and enough evidence to charge
Youth - arrested/detained, RGTS committed offence, or before questioning with intent to gain admission.

Question 8

Rules to make suspect admissions inadmissible

ROIm

Answer 8

Reliability rule (s28) - if defence/judge raise issues about reliability of statement
Oppression rule (s29) - if defence/judge raise issue of oppression. 
Improperly obtained evidence rule (s30) - if defence/judge raise issue. Balancing exercise.  Breach of enactment, evidence gained as result of using other improperly obtained statement, unfairly.

Question 9

Links in causation for improperly obtained evidence

Answer 9

‘But for’ causation and ‘real and substantial’ . Difficult to define.