Policing Act Flashcards
What is the rule of law?
defines the relationship of the government to its people: that people in a society should be governed by law and should be free from arbitrary government
all people should be treated equally before the law and that individual liberties should be preserved. Many rule of law concepts are contained in the Bill of Rights Act
Who is responsible for administering the rule of law?
Police.
What does the rule of law mean for Police
X5 we must not…
- We need to apply laws evenly
- We work in a criminal justice system that is free from corruption
- We must not accept bribes
- We protect the rights of offenders (ie searches, arrests & interviews are consistent with the law)
- We protect rights of victims
Explain the principles of section 8 of the Policing Act
(Policing Services)
a) principled, effective, and efficient policing services are a cornerstone of a free and democratic society under the rule of law:
(b) effective policing relies on a wide measure of public support and confidence:
(c) services are provided under a national framework but also have a local community focus:
(d) services are provided in a manner that respects human rights:
(e) services are provided independently and impartially:
(f) in providing policing services every Police employee is required to act professionally, ethically, and with integrity.
Section 9 Policing Act - explain the 8 functions of the Police
1) keeping the peace:
2) maintaining public safety:
3) law enforcement:
4) crime prevention:
5) community support and reassurance
6) national security:
7) participation in policing activities outside New Zealand:
8) emergency management
Section 20 of the Policing Act - Code of Conduct
Commissioner must prescribe a code of conduct for Police employees, stating the standards of behaviour expected
It is the duty of every employee to conduct themselves in accordance with the code of conduct
** The code of conduct governs the professional and personal conduct of all Police employees.
Explain section 30 of the Policing Act (Command & Control)
Every Police employee must obey and be guided by -
(a) general instructions; and
(b) the Commissioner’s circulars; and
(c) any applicable local orders
The lawful commands of a supervisor
In absence of a supervisor
(a) the Police employee next in level of position; and
(b) the longest serving Police employee
(4) No Police employee may act under the direction, command, or control of—
(a) a Minister of the Crown; or
(b) a person who is not authorised under this Act to direct, command, or control the actions of a Police employee.
Section 63 of the Policing Act - Acting Appointments
Commissioner may—
(a) appoint an employee temp to any higher level of position; or
(b) authorise employee to exercise or perform all the powers and duties, of any level of position higher than that employee’s own level of position
The Commissioner may at any time revoke any appointment made or authority given under this section.
Section 32
Take Identifying particulars of person in custody
A Constable may only do what?
Take persons identifying particulars:
In a manner that is reasonable in the circumstances
May only is reasonable force
Section 32
What does identifying particulars mean?
Biological info (name, dob etc)
Photo or visual image
Fingerprints, palm-prints or footprints
Section 32
Can a constable who has good cause to suspect (and intends to charge) detain the suspect in order to take their ID particulars?
Yes
Section 36 - Care & Protection of intoxicated people
How long can a 1K person be detained?
No longer than 12hrs from first being detained, unless a MHP recommends longer (but not exceeding another 12hrs)
Policing Act
SECTION 35
Temporary closing of road
Const my temp close to traffic
any road, or part of road
if the const has
Reasonable Cause to B
Public disorder exists or is imminent
Danger to member of public exists or expected
Offence 10yrs has been committed
at or near place
