Police Powers Flashcards
Do I have to give a reason to arrest someone for committing an offence under the crimes act?
Yes. Under the Crimes Act 1961, s 316
I have to inform the person at the time of the arrest of the reason for the arrest unless:
The reason is obvious or it is impractical to do so.
Do I have to give a person their bill of rights after arresting them? If so under what act?
Yes. Under Nz bill of rights act 1990, s23
Bill of rights must be given immediately following their arrest.
Can I arrest someone and take them into custody without a warrant? If so under what act and reason?
Yes. The below are the main two arrest powers Police often use.
Under the Crimes act 1961, s315(2)(a)
I can arrest someone I find disturbing the public peace, or committing any imprisonable offence
And
Under the Crimes act 1961, s315(2)(a)
I can arrest someone I have good cause to suspect of having committed a breach of the peace, or any imprisonable offence.
And
Under Summary Offences Act 1981, s 39(1)
I can arrest someone I have good cause to suspect of committed an offence against this Act except sections 17,20,25,32-38.
And
Under Summary Offences Act 1981, s 39(1)
I can arrest someone within my view does an act that I believe is an offence against sections 17-20,25,32-38
And fails to give name and address or gives false details. Arrest for the offence seen being committed(e.g peeing in a public place).
Can I search people randomly?
No.
Under bill of rights act 1990 s, 21
Every person should be secure against unreasonable search and seizure of their person, property or correspondence.
Can I randomly arrest or detain someone?
No.
Under section 22 NZBORA 1990
Everyone is protected from arbitrary nor random arrest or detention.
Do I have to read bill of rights to people who have been arrested?
Yes.
Under Nz bill of rights act 1990. s23
People arrested or detained under any enactment have rights and must be informed of them
Do people who have been charged with an offence have rights?
Yes.
Under Nz bill of rights act 1990. S24.
People charged with an offence have certain rights and must be informed of their rights.
What do I have to advise a person when they are being detained?
“You are being detained under the ________ Act”
Bill of rights
Can I search/ detain someone without consent and without warrant if I have reasonable grounds to suspect the person has an offensive weapon? And if so under what section & act?
Yes.
Under the S&SA 2021 section 27
Can I detain and search people if I have reasonable grounds to believe someone has drugs on them?
Yes.
Under s21&22 of the search and surveillance act 2012.
Can I detain and search people for firearms if I have reasonable grounds to suspect a person has on them a firearm.
Yea.
Under the s.18 of the search and surveillance act 2012
Can I detain someone for breath testing purposes?
Yes.
Under section 69(5) of the Land Transport Act 1998.
A person must accompany the officer to a place when required to do so under this section.
Can I help detain and search someone without consent and without warrant for mental health assessment purposes?
Yes.
Under the Mental Health (Compulsory assessment and treatment) Act 1992.
Can I detain and search people at a search scene to determine their connection to the objective of the search?
Yes.
Under section 118 of the Search and Surveillance Act 2012.
Can I apprehend a person or vehicle that leaves the search location before I’m able to start or complete the search? And if so under what act.
Yes.
Section 120, Search and surveillance act 2012
I can apprehend the person or vehicle to search the person or vehicle and enter any place to apprehend the person or vehicle if I have reasonable grounds to believe the evidential material is still on the person or on or in the vehicle.
