Powers Of Arrest / Bill of rights

Question 1

How long can you detain someone for breach of the peace?

Answer 1

2 hours max

Question 2

When is someone formally under arrest?

Answer 2

When you have told them they are under arrest

AND

You have made a movement to detain them

OR

They have acknowledged that they are under arrest

Question 3

What is the crimes act 1961 section 315(2)a?

Answer 3

Officers may arrest without warrant if he FINDS disturbing of peace OR and crime punishable by imprisonment

Question 4

What is the crimes act 1961 section 315(2)b?

Answer 4

Officer may arrest without warrant when he HAS GOOD CAUSE TO SUSPECT breach of the peace or any offence punishable by prison

Question 5

What is the summary of offences act 1981 39(1)?

Answer 5

Officer can arrest without warrant officer to he has GOOD CAUSE TO SUSPECT of an offence against act except section 17-20,25,32-38

Question 6

What is the summary of offences act 1981 39(2)?

Answer 6

Officer can arrest without warrant if officer has WITHIN VIEW against section 17-20,25, 32-38

AND

fails to give name and address or gives false details

Question 7

What is section 21 of the bill of rights act 1990?

Answer 7

Everyone has the right to be safe against unreasonable search and seizure

Question 8

What is section 22 of the bill of rights act 1990?

Answer 8

Everyone has the right to not be arbitrarily / unreasonably detained

Question 9

What is section 23 of the bill of rights act 1990?

Answer 9

Be fairly informed of their rights in a timely manner. Right to speak to a lawyer. Bill of rights reading

Question 10

What is section 24 of the bill of rights act 1990?

Answer 10

Everyone charged has the right to know what they are been charged for and consult a lawyer

Question 11

What are the 5 principles of police questioning?

Answer 11

• Suspect has the right not to answer questions.
• Must read bill of rights prior to questioning
• Be clear on whether person is in custody, eg free to go or not
• Must fair inform suspect of evidence to not misrepresent evidence for false confession.
• Record statement and allow suspect to review and confirm/change it

Question 12

What is section 316 of the crimes act?

Answer 12

It is the duty of the officer to inform the person under arrest that they are in fact under arrest

Question 13

If you are in a private vehicle on a public road is that considered to be a public place?

Answer 13

Yes