Powers of arrest, caution and BoR

Question 1

What is the Police rights caution?

Answer 1

• You are under arrest 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 against you in court.
• You have the right to speak with a lawyer in private and without delay before deciding whether to answer any questions.
• Police have a list of lawyers that you may speak to for free.

Question 2

What are the two main powers of arrest that Police have/use?

Answer 2

Section 315(2)(a) or (b) Crimes Act 1961
Section 39(1) or (2) Summary Offences Act 1961

Question 3

Under Section 315(2)(a) Crimes Act 1961 what do you need to have sufficient cause to arrest?

Answer 3

See the person:
- disturbing the peace
OR
- committing an offence punishable by imprisonment

Question 4

Under Section 39(1) Summary Offences Act 1981 what cause do you need to arrest?

Answer 4

Reasonable cause to suspect the person has committed an offence against this enactment except and offence against section 17 - 20, 25, 32 to 38

Question 5

Under Section 315(2)(b) Crimes Act 1961 what do you need to have sufficient cause to arrest?

Answer 5

Good cause to suspect that an offence punishable by imprisonment has been committed
or
Good cause to suspect that the person has disturbed the peace.

Question 6

What does Section 39 CA1961 allow you to use?

Answer 6

Reasonable force to exercise an arrest.

Question 7

What does section 40 CA1961 allow you to do?

Answer 7

Use reasonable force to recapture or prevent escape by anyone arrested.

Question 8

What does section 41 CA1961 allow you to do?

Answer 8

Use reasonable force to prevent suicide.

Question 9

What does section 42 CA1961 allow you to do?

Answer 9

Use force to prevent a breach of the peace.

Question 10

What does section 48 CA1961 allow you to do?

Answer 10

Use force for self-defence or defence of another.

Question 11

What section of the Crimes Act 1961 obliges arresting officers to inform of the reason for arrest?

Answer 11

Section 316

Question 12

Section 21 of the NZBOR1990 provides protection to citizens against?

Answer 12

Unreasonable search and seizure

Everyone has the right to be secure against unreasonable search

Question 13

Section 22 of the NZBOR1990 provides protection to citizens against?

Answer 13

Arbitrary arrested and detention

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

Question 14

Section 23 of the NZBOR1990 provides for the?

Answer 14

Rights of people arrested or detained

Question 15

Section 24 of the NZBOR1990 provides for the?

Answer 15

Rights of people charged

Question 16

Section 62 of the CA1961 refers to what?

Answer 16

That a person allowed to use force by law is liable for any excess use of force.