Power Of Arrest Flashcards
Purpose of power of arrest?
To deprive people of their liberty by taking them into police custody until they can be bailed or taken to court.
What is an arrest?
It is a statement from a constable
“You are under arrest”
Plus formally touching the body of the person
Or an agreement from the person they submit to the process
What must happen before an arrest?
Must have good cause to suspect.
- witness/victim
- Evidence
- Observing
When can you detain someone?
- search of home/car etc
- mental health
- drunk
Crimes Act 1961 section 316?
Person who is arrested must be informed at the time of arrest of the reason the arrest unless
- The reason is obvious or
- it is impractical to do so
New Zealand Bills of Rights Act 1990 section 23?
A person who has been arrested must be given their rights/caution immediately following the arrest.
Explain the rights from section 23 as soon as practicable, allowing them to exercise their rights
Children, young persons and their families Act 1989?
Strict obligations relating to;
- considerations before arrest
- additional rights to be given when arresting
Practice note of police questioning section 30(6) evidence Act 2006?
Requires that where there is sufficient evidence to charge a person with an offence or if you wish to interview any person in custody, you must first give the usual right/caution
“You have been arrested/detained for…”
“You have the right to remain silent and you do not need to make any statement”
Powers of arrest under section 315 Crimes Act
Crimes Act section 315 (2a)
- any person found disturbing the public peace or committing any offence. Punishable by imprisonment.
Section 2b
- has good cause to suspect of having committed a preach of the peace or any offence
Powers of arrest under section 39 of the summary offences Act 1981 ?
39(1)- has good cause to suspect of having committed and offence against this Act. Tagging
39(2)- with in his view does an Act believed to be offence against sections 17,20,25,32,38.. eg peeing in public
And fails to give name and address or false details
