Powers of arrest

Question 1

Powers of arrest under C/A 1961

Answer 1

Section 315
Finds - Disturbing public peace, commiting any offence punishable by imprisonment.
Good cause to suspect - Commited breach of the peace or any offence punishable by imprisonment.

Question 2

BOR act 1990 - explain sect 24

Answer 2

Rights of persons charged.
Must consult with a laywer
Be told of nature and cause of charge

Question 3

Powers of arrest under S/O Act 1981

Answer 3

Section 39
Has good cause to suspect - Commited an offence against this act.
Within view - Does an act against 17,20,25,32,38, fails to give details or give false dets.

Question 4

What is arbitrary detention and how can you avoid

Answer 4

Unlawful detention of a person

Must state - you are free to leave at any time

• you do not have to remain to answer any Q’s

Question 5

What are rights under section 21 of the BOR

Answer 5

All people are secure against unreasonable searches and seizure.

Unreasonable if

• without or in excess of powers or authority
• done in an unreasonable manner
• done in bad faith.

Question 6

What is the differnce in penalty between C/A 1961 and the S/O Act 1981

Answer 6

C/A 3+ Months

S/O act less than 3 mnths + financial penalty

Question 7

Name section 22 of BOR act

Answer 7

All people are protected from arbitray/random arrest/detention

Question 8

Rights Caution

Answer 8

You have been arrested for
You have the right to remain silent
You do not have to make any statement
Anything you say will be recorded and may be given in evidence in court.
You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions
Police have a list of lawyers you may speak to for free
Do you understand these rights

Question 9

Name section 23 BOR act 1990

Answer 9

People who are arrested/detained have rigths and must be informed of rights

detained must be made aware of section, act + rights caution.

Question 10

Name section 118 of S+S act 2012

Answer 10

Power to detain at a search scene to determine their connection to the objective search.

Question 11

Sec 18 of S+S act 2012 ??

Answer 11

Power to detain and search for firearms

without consent or warrant

Question 12

Sec 21 + 22 of S+S act 2012

Answer 12

21 people in places - may detain + search for drugs
22 drugs on a person - may detain + search for drugs

Without consent or warrant

Question 13

Sec 27 of S+S act 2012

Answer 13

Power to detain and search for offensive weapons

without consent of warrant

Question 14

What can you do under the mental health act

Answer 14

Detain a person for assessment

Without warrant or consent

Question 15

Explain the SELF test

Answer 15

Scrutiny
Ensure Compliance
Lawful
Fair

Question 16

Sec 69(5) of the LT act 1998

Answer 16

Detain a person for a breath test

Without consent or warrant

Question 17

PRIMED ?

Answer 17

Proffessionalism
Respect
Integrity
Maori and treaty
Empathy
Diversity

Question 18

Sec 316 C/A 1961 ??

Answer 18

Person under arrest must be informed of the reason
Warrant duties
Officer must have the warrant in his poessession at all times
Show the warrant to the arrested person at the earliest possible time

Question 19

Sec 315 C/A sec 39 S/O act give what

Answer 19

Power of arrest without warrant