Powers Of Arrest /Bill Of Rights

Question 1

What is Section 23 of the NZ bill of rights act 1990?

Answer 1

A person arrested must be given their rights caution immediately following the arrest or as soon as practicable.

Question 2

What is Section 316 of the Crimes Act 1961?

Answer 2

Any person who is arrested must be informed at the time of arrest the reason for the arrest unless

• the reason is obvious or
• its impracticable

Question 3

What is Section 39(1) and 39(2) of the Summary Offences Act 1981?

Answer 3

Any constable and all persons whom they called to their assistance may arrest and take into custody without warrant;

39(1): HAS GOOD CAUSE TO SUSPECT of having committed an offence against this act. Exceptions 17-20, 25, 32-38

39(2): WITHIN VIEW does an act the constable believes is an offence against sections 17-20, 25, 32-38, AND fails to give name and address or gives false details.

Question 4

What is Section 21 of the Bill of Rights Act 1990?

Answer 4

UNREASONABLE SEARCH AND SEIZURE.

Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.

Question 5

What is Section 315(2)(a) and 315(2)(b).

Answer 5

Any constable or persons whom they called to their assistance may arrest and take into custody without warrant:

315(2)(a): FINDS disturbing the peace or committing any offence punishable by imprisonment.

315(2)(b): HAS GOOD CAUSE TO SUSPECT: of having committed a breach of the peace or any offence punishable by imprisonment.

Question 6

What is Section 22 of the Bill of Rights Act 1990?

Answer 6

LIBERTY OF THE PERSON:

Everyone has the right not to be arbitrarily arrested or detained.

Question 7

What is Section 23 of the Bill of Rights Act 1990?

Answer 7

RIGHTS OF A PERSON ARRESTED OR DETAINED.

Question 8

What is Section 24 of the Bill of Rights Act 1990?

Answer 8

The rights of a person who is formally charged.