Revision Flashcards
Act covering search, seizure, surveillance, entry
Search and Surveillance Act 2012
Legislation covering “must”s and “may”s during search
Search and Surveillance Act 2012 Section 125 (1)
When exercising a search power you must
Name - Provide your name or unique identifier
Act - Advise the Act you are searching under
Reason - Give a reason for the search
You must also identify yourself as a Police Office if not in uniform
When exercising a search power you may
Detain the person for as long as is necessary to carry out the search.
Use force that is reasonable for the purposes of the search
Search any item that the person is wearing, carrying, or is in the person’s physical possession or immediate control.
Seize anything carried by or in their physical possession or immediate control if the thing is the subject or the search or may be lawfully seized
Search And Surveillance Act 2012 Sec 85
Rub down search for arrested or detained persons.
This may be carried out when the person is arrested or detailed under a statutory power of detainment
To ensure that the person is not carrying anything that may be used to - harm any person or facilitate the persons escape
Methods appropriate during rub down search
Run or pat your hand over the body of the person being searched, whether outside or inside the clothing (other than underclothing)
Insert your hand inside any pocket or pouch in the clothing of the person being searched (using gloves)
For visual inspection ask the person to open their moth, display the palms of their hands or soles of their feet, lift or rub their hair
Remove, raise, lower, or open any clothing such as coat, jumper, jacket etc
Remove any head coverings, gloves, footwear, socks, stockings
Search and Surveillance Act 2012 Sec 88
Powers to search a person who is arrested or detained if you have reasonable grounds to believe the person is carrying anything that:
Is evidential material relating to the offence in which the arrest/detainment is made or
May be used to harm any person or
May be used to facilitate the persons escape
Search and Surveillance Act 2012 Sec 11
Search powers for anyone who has been taken into lawful custody and is at a Police station, or another premises used for Police purposes, or about to be placed into a Police vehicle.
This section also provides powers to search someone if they weren’t searched before they were locked up, or if they came into contact with someone who isn’t locked up, or if they came into contact with someone who wasn’t searched before they were locked up, or if there are reasonable grounds to suspect they have something which could harm any person
Search and Surveillance Act 2012 Sec 13
Any money or property taken from a person before they are locked up must be returned to the person when they are released from custody except:
Money or property used as evidence
If the possession of the money or property would constitute an offence
Definition of public place
At any given time
Is open to or being used by the public
Whether free or on payment of charge
And whether owner/occupier is lawfully entitled to exclude or eject that person from that place
Includes vehicles carrying or available to carry passengers for reward
And includes the interior of any vehicle which is in a public place
Disorder Offences
Fighting in a public place
Resists Police
Obstruction
Disorderly / Offensive Behaviour
Disorderly Behaviour likely to cause violence
Fighting in a public place
Act
Elements
Proven by
Summary Offences Act 1981 Sec 7
Fights - punching, striking, mauling, wrestling etc between 2 or more willing participants
In a public place - as per definition
Resists Police
Act
Elements
Proven by
Summary Offences Act 1981 Sec 23(a)
Resists - requires some degree of force by the offender
Or
Incites or encourages any other person to resist - urge or persuade any other person to use some degree of force
Any constable, AO, prison officer, traffic officer acting in the execution of their duty - must be lawfully exercising their powers
Obstruction
Act
Elements
Proven by
Summary Offences Act 1981 Sec 23(a)
Intentionally obstructs - deliberately makes it more difficult for a person to carry out their duties
Or
Incites or encourages any other person to obstruct - urge or persuade any other person to make it more difficult for a person to carry out their duties
Any constable, AO, prison officer, traffic officer acting in the execution of their duty - must be lawfully exercising their powers
Offensive OR Disorderly Behaviour
Act
Elements
Proven by
Summary Offences Act 1981 Sec 4(1)(a)
In a public place - as per the definition
OR
Within view of a public place - per definition
Behaves in an offensive manner - A manner arousing feelings of anger, resentment, or disgust that causes a disturbance to public order
OR
Behaves in a disorderly manner - Behaves in a seriously disruptive manner that causes a disruption to public order
Disorderly Behaviour Likely to Cause Violence
Act
Elements
Proven by
Summary Offences Act 1981 Sec 3
In a public place - as per the definition
OR
Within view of a public place - per definition
Behaves in - to act in this manner
OR
Incites or encourages any person to behave in - urge or persuade any other person to behave in a manner
ROTID (one of these)
That is likely, in the circumstances, to cause violence against persons or property to start or continue
ROTID
A riotous manner OR An offensive manner OR A threatening manner OR An insulting manner OR A disorderly manner
Rule to consider when looking at disorder offences
Time, Place, Circumstances
Depending on the time, place, and circumstances of a disorder offence, there may well be a different result for certain incidents.
Search and Surveillance Act 2012 Sec 92
Allows an officer to request consent to search a person or their place, vehicle, or any other thing in their control for the following purposes:
to prevent the commission of an offence
to protect life or property, or to prevent any harm
to investigate whether an offence has been committed
or any other purpose in respect of which the officer could exercise a power of search conferred by any enactment, if he or she held a particular belief or suspicion specified in the enactment
Search and Surveillance Act 2012 Sec 93
Before conducting a search by consent, the officer who proposes the search must:
determine that the search is for a purposes authorised by section 92
advise the person from whom the consent is sought the reason for the proposed search
advise the person that he or she may either consent to the search or refuse to consent to the search
Theft (by taking)
Act
Elements
Proven by
Crimes Act 1961 Sec 219(1)(a) & 223 (b) or 223(c) or 223(d)
Dishonestly - Without a belief that there was consent or authority from the owner
Without claim of right - No belief in a right to own or possess the property
Takes - Physically moves the property
Any property - Anything whatsoever, whether tangible or intangible, that is the property of any person and has value
With intent to deprive any owner permanently of that property - intent to deprive the owner permanently of the property, or deal with the property in a manner so that it cannot be restored to its original condition
OR
intent to deprive any owner permanently of any interest in that property - intent to deprive the owner permanently of that part of the property in which they have an interest
Theft (by using or dealing)
Act
Elements
Proven by
Crimes Act 1961 Sec 219(1)(a) & 223 (b) or 223(c) or 223(d)
Dishonestly - Without a belief that there was consent or authority from the owner
Without claim of right - No belief in a right to own or possess the property
Uses or Deals with - Exceeds the authority or conditions given by using or dealing with the property in any manner
Any property - Anything whatsoever, whether tangible or intangible, that is the property of any person and has value
With intent to deprive any owner permanently of that property - intent to deprive the owner permanently of the property, or deal with the property in a manner so that it cannot be restored to its original condition
OR
intent to deprive any owner permanently of any interest in that property - intent to deprive the owner permanently of that part of the property in which they have an interest
After obtaining possession or control of the property in whatever manner
Special types of theft
Theft by person in a special relationship - Crimes Act 1961 Sec 220
Applies to any person who has received, or is in possession of or control over, any property and is required to:
- account to any other person for the property or for any proceeds arising from that property or
- deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person
Theft of animals - Crimes Act 1961 Sec 221
Committed by killing any animal that is the property of another person with intent to steal the carcass, skin, plumage, or other part of the animal
Theft by spouse - Crimes Act 1961 Sec 222
A person may be convicted of theft even if the victim and offender where married at the time of the theft.
Ownership in relation to theft offences
A person is regarded as the owner of any property that is stolen if, at the time of the theft that person has:
a) possession or control of the property
b) any interest in the property
c) the right to take possession or control of the property
An owner of any property may be guilty of theft against another owner of that property
Burglary
Act
Elements
Proven by
Crimes Act 1961 Section 231(1)(a)
Enters - Entry is complete as soon as any part of the body or instrument used by the offender is within the building or ship
Any building - any building or structure whether permanent or temporary including: tent, caravan, houseboat, enclosed yard, enclosed tunnel
OR
Any ship - any vessel used in navigation, however propelled
OR
Any part of a building - part of the description above
OR
Any part of a ship - part of the description above
Without authority - an absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent OR where authority has been gained by threat or artifice
With intent to commit an imprisonable offence in the building
OR
ship - There must be an intention to commit an imprisonable offence in the building or ship
Burglary (having entered)
Act
Elements
Proven by
Crimes Act 1961 Section 231(1)(b)
Having entered - Is physically inside the building or ship
Any building - any building or structure whether permanent or temporary including: tent, caravan, houseboat, enclosed yard, enclosed tunnel
OR
Any ship - any vessel used in navigation, however propelled
Remains without authority - remains when consent to be within the building or ship no longer applies
With intent to commit an imprisonable offence in the building
OR
ship - There must be an intention to commit an imprisonable offence in the building or ship
Powers of arrest
Act
Different powers (with section numbers and descriptions)
Crimes Act 1961
Section 39 - executing process or arrest - allows the use of force necessary to overcome an opposing force when arresting/detaining someone
Section 40 - prevent escape or rescue - allows the use of force necessary prevent the escape of someone who takes flight to avoid arrest, or prevent the escape or rescue of someone who has been arrested
Section 41 - prevent suicide or certain offences - allows the use of force necessary to prevent a person from suicide or the commission of another offence which would be likely to cause immediate or serious injury to the person or property of any one.
Section 42 - prevent breach of the peace - allows the use of force to prevent a breach of the peace
Section 48 - self defence and defence of another - allows the use of force to defend yourself or another person
Assault (various types) definition 1 of 2
Elements
Acts
Components
Summary Offences Act 1981, Crimes Act 1961
Assaults:
The act of intentionally applying force (must be deliberate. The smallest force can constitute an assault)
Or attempting to apply force (still must be deliberate. To attempt is to commit the full offence)
Directly (the force is applied directly by touching or throwing something at the person)
Or indirectly (As long as the offender intended to, any action which results in the victim being hurt (pulling out a chair) can be assault even if there is no direct contact)
OR
Threatening by any act or gesture to apply such force to another (usually words and gestures are combined and make the offenders intentions clear)
If the person making the threat has, or causes the other person to believe on reasonable grounds he has (the conduct of the offender must be such that it causes the other person to believe they will be physically harmed)
The present ability to effect their purpose (the victim has to fear physical harm and believe that the offender is immediately capable of carrying out the threat)
Another Person: Another person (you cannot assault yourself or an animal or inanimate object - only another person)
Types of assault
Direct assault - directly applying force to someone
Indirect assault - hurting someone through actions without directly applying force (eg pulling out a chair)
Conditional assault - the offender provides a condition which could lead to assault (eg take one more step and I’ll punch you)
Transferred malice - the offender attempts assault but someone else is also assaulted or physically hurt as a result.
Wilful Damage 1
Act
Elements
Proven By
Summary Offences Act 1981 Section (11)(1)(a)
Intentionally - a deliberate OR reckless act, without lawful justification excuse or claim of right
Damages - Temporary or permanent reduction in the value and/or usefulness of the property
Property - Something that belongs to another person and is capable of being damaged
Wilful Damage 2
Act
Elements
Proven By
Summary Offences Act 1981 Section (11)(1)(b)
Intentionally - a deliberate OR reckless act, without lawful justification excuse or claim of right
Sets fire to - Damages through use of fire
Any tree or vegetation - Any growing plant
Graffiti
Act, sections & descriptions
Summary Offences Act 1981
Section 11A - damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise marking it - without lawful authority, and without the consent of the owner or occupier or other person in lawful control
Section 11B - without reasonable excuse has in their possession a thing capable of being used to commit an offence against section 11A in circumstances in which it can reasonable be inferred that he or she intends to use it to commit such an offence
Section 14A - an offence to sell a spray can to persons under 18 years of age. There are defences where a fake age document is provided, or where an educational institute provides to students for course work
Section 14B - dictates that spray cans must be stored in such a way that members of the public cannot access them without the help of the occupier
TOF
Tactical Operations Framework - a training and operational tool that assists constables to decide when, how, and at what level to use a tactical option(s). The TOF guides constables to use force that is necessary and appropriate
PCA
Perceived Cumulative Assessment - A constables subjective assessment and continuous reassessment of an incident using TENR based on information known about the situation and the subject’s behaviour.
The PCA should consider:
The incident details provided by Comms including type, location, time, distance to the incident
The number of subjects and constables involved
Your abilities and the subjects (age, gender, size, strength, skill)
Information about the subject (QP, emotional state, influence of drugs and alcohol, presence of or proximity to weapons or weapons of opportunity)
Similar previous experiences with subject or location
Environmental conditions (lighting, physical location)
TENR
Threat - intent, capability, opportunity, environment. Includes any individual, groups, acts, things likely to cause harm or hinder police in the execution of their duties
Exposure - safety, security. Includes potential of harm to people or the security of places or things
Necessity: now, later, never. Involves determining when to act and whether there is an immediate need for intervention
Response - proportionate, timely, appropriate. Means considering all the known or reasonably predicted circumstances and selecting the correct approach and tactical options.
A main goal of TENR is to eliminate complacency
TOF
Tactical Options Framework
Outlines the suitable levels of force available to an officer to overcome the subjects own behaviour
Offender behaviour: Cooperative, Passive resistance, Active resistance, Assaultive, GBH or death
Tactical Options Response (TOR) - Presence and tactical communication, Low degree of force, High degree of force
Contact / Cover Officer Roles
Contact - primary role is the management of the situation prior to arrival with priorities being officer safety and contact with the subject. Tasks:
- Obtaining information
- Formulating a plan
- Communication to all parties
- Reassess tactical options
- Search vehicles / persons
- Seizing and securing exhibits
Cover - primary role is management of the scene with priority being the safety of the contact officer. Tasks:
- Safe setup, distance controls, lines of vision, reaction times
- Environment, photo shot, radiating safety circles
- Adopt a positive physical presence
- Observe subject and the associates
- Visual scan for weapons
- Prevent interference
- Provide backup
- Remain Alert
Handcuffing Theory
- Why they’re used
- When to use
- Risks of use to officer
- Risks of use to subject
- Parts
- TOR reporting
Used as a temporary restraint to prevent injuries to officers, the subject, or any other person. Also used to prevent escape
Risks to officer:
- reduced reactionary gap
- transfer body fluids
- physical assault
- difficulties monitoring subject
- response options limited when hands are occupied
Risks to offender:
- risk of damage to radial nerve when applying bottle top technique
- cuts
- nerve damage
- circulation restraints
Parts:
- Double strand bar
- Single strand bar (blade)
- Swivel eye
- Chain
- Cheek plates
- Rivet (connecting strand bars)
- Ratchet teeth jaw
- Double lock mechanism
- Key with barrel, bit, handle, and double lock actuator
TOR reporting
- required when used with pain compliance
- required when used with another tactical option
- no TOR report required otherwise
Handcuffs - when to use
The following should be considered to determine whether handcuffs are required:
- the nature of the charge or reason for detention
- the likelihood of the person trying to escape
- The ability for Police to apprehend if they abscond
- your own safety, and that of everyone involved
- the persons criminal history (particularly if unknown)
- knowledge of the persons previous behaviour
- whether the circumstances around the arrest suggest it is a situation of some risk
- factors which may elevate or reduce reisks (age, mental health, HIV, hepatitis, asthma, pregnancy, obesity, heart condition
Initial Action
En route to the scene
Obtain
- a description of the suspect
- a description of the suspect’s vehicle (if any)
- the suspect’s direction of travel
- a description of any weapons or exhibits carried
Watch for vehicles which have come from the scene and note registrations.
Discuss areas of responsibility with your partners. Decide who will deal with possible suspects and who will deal with possible victims, and how.
Plan your vehicle approach to ensure safety.
Discuss the safe forward plan - where can you safely park, and where will it be safe for other Police to park when they arrive.
Consider your options
Initial Action
On arrival at the scene
Advise Comms of your arrival and obtain acknowledgement.
Park in a safe, clear area.
Discuss with your partner your approach to the house, building or scene.
Always take a portable radio with you, and a torch at night.
Stop: take note of what is happening, where it is happening and who is involved - provide a SITREP to Comms.
If necessary advise Comms of the safe forward point for other units.
Ask anybody near what’s happening and where, and who is involved.
Ask to speak to your informant.
Initial Action
Obtaining information at the scene
Locate the informant and:
- Obtain the brief facts.
- Ask the informant/witness to: identify the victim and/or the offender, give the offender’s whereabouts.
- Find out from the information the location of the scene and victim.
If possible keep the informant occupied. Ask the to remain at a specified place so that you can re-interview them and take a formal statement later if required
Initial Action
Maintain integrity of the scene
- Don’t destroy or move exhibits or contaminate evidence when approaching the victim
- Try to avoid the path used by the offender
- Leave by the same path as you entered
Establishing control at a scene
Basic principles
Control - all movement to and from the scene, and all activity in the contained area.
Freeze - keep the area in it’s original state, nothing is to be touched or moved.
Preserve - all relevant exhibits including any evidence which may be destroyed or start to decay in some way
Establishing control at a scene
Clearing the scene
Remove all people from the immediate scene. In doing so:
- ensure they do not take anything or contaminate the scene
- if possible have a Police member: contain them in a clear area, warn them not to discuss what has happened, obtain their full particulars, keep warring factions, families, gang members apart
Establishing control at a scene
Setting boundaries
When setting scene boundaries:
- Think BIG
- Remember to include the area from which the offender approached, entered, and left the scene, including vehicles
Establishing control at a scene
Scene guard duties
- Control, Freeze, Preserve.
- Prevent unauthorised people from entering the scene.
- Record in your notebook details of anyone who enters, or anyone who tries to enter the scene.
- Brief authorised people on entry, exit points, and routes to be taken while on the scene.
- Keep Comms updated and report any suspicious behaviour.
- Avoid contaminating or interfering with the scene, and beware of any animals and remove them from the scene
Establishing control at a scene
Before taking up duty
Ask the O/C Scene:
- Who is authorised to enter the scene.
- Where are the scene boundaries.
- Where is the designated point of entry.
- What route must authorised people take through the scene.
- Where it the point of exit.
- What happened at the scene.
- Are there any suspects? If so, obtain photographs and descriptions
Using your notebook
What to record
- Shift details (start date/time, O/C, shift type, call sign, partners name, hours of work, fall in time
- A record of events and movements while on duty - diary of times, dates, places, people, events
Using your notebook
A persons basic details
- Full name (SURNAME/First/Middle)
- DOB
- Full residential address
- Home ph
- Cell ph
- Social media
- Occupation
- Employer
- Employer address
- Employer number
- Also useful: sex, race, place of birth, description (clothing, facial hair, hair length, scars, tattoos, mental or physical condition, sobriety, emotional state
- Also useful for description: circumstances of identification (weather, lighting, distance etc)
If you have a reason to doubt the details provided request some form of ID or complete a QP
Using your notebook
Rules for use
- Carry notebook at all times when on duty
- Keep it methodical, neat, and consistent
- Keep for 2 years after last date of entry
- LEGO, no leaves torn out, no erasures, no gaps, no overwriting
Exhibits
Action when locating and seizing an exhibit
- speak with informant to confirm circumstances around how it was found & whether it has been moved
- scene examination - note time exhibit is located, location of scene, and location of exhibit in notebook
- description of exhibit - note this in your notebook
- Take photos in situ - close views and orientation views
- Sketch location of exhibit in relation to the scene
- Seize exhibit using gloves and place into appropriate bag - note time of seizure
- label bag and secure in locked vehicle - note details of bag label and people with access to the vehicle keys in notebook
- Upon arrival at station complete a POL268 - remove from vehicle and deposit exhibit to stations exhibit room
- Ensure chain of custody is recorded when handed over.
Witness / Victim Formal Statements
Reason for taking a formal statement
- to establish evidence the witness/victim can provide an open further lines of enquiry
- refresh the witnesses memory should the matter proceed to court.
- cross examine the witness should they later give contradictory evidence
- help to corroborate evidence
Witness / Victim Formal Statements
Who should we take a statement from
- prospective witnesses
- witnesses of doubtful reliability
- any person who can give important information in major enquiries
- spouses of suspects and offenders
- associates of suspects
- likely defence witnesses (to help cross-examine)
- people suspected of making false complaints
- people making complaints against the police
Witness / Victim Formal Statements
When statements can be used as evidence
When a person is made unavailable to attend court. A person is unavailable if:
- they are dead
- outside NZ and not reasonable practicable to be a witness
- unfit due to age / physical / mental condition
- not compellable (jury, sovereign, counsel)
- cannot, with reasonable diligence, be identified or located
Witness / Victim Formal Statements
How to write a formal statement
- Structure:
[day of week, date, time, location]
[what happened, verbals, actions/movements, observations, ]
[descriptions (can be narrative of bullet points]
[ADVOKA]
[declaration of true and correct] - use speech marks
- all pages must be initial and last page must be signed
- single points per line
- statement taken in first person narrative
- fullstop at the end of description bullet points
- use witnesses date format
- no police jargon
- include a coversheet with witnesses details
Investigative Interviewing
PEACE
- Plan the interview - decide best place, time based on witness/victim circumstances/constraints. Organise material for interview
- Encourage - build rapport with the victim/witness. explain the interview process, ensure they are comfortable, ask them to not leave anything out.
- Account - engage in free recall, then TEDS, then 5 WH + H, then appropriate closed questions to gain facts
- Confirm facts - read the statement back to the witness/victim to confirm it is correct
- Evaluate - evaluate your own interview performance and review the information gained to see how this will help investigation or corroboration
Investigative Interviewing
Types of questions used to gather information
TEDS - Tell, Explain, Describe, Show
5 WH + H
Appropriate closed questions
Investigative Interviewing
Free recall model
- Engage and explain
- Initiate free recall
- Note interviewee topics
- Sketch
- Summarise
- Explore interviewee topics - specific descriptions etc
- Explore (RIITs) remaining investigative important topics
- Summarise
- Closure
Investigative Interviewing
ADVOKATE
- Amount of time in view
- Distance from offender
- Visibility (lighting, fog, corrective lenses worn etc)
- Obstructions (anything in the way of view)
- Known to you
- Any reason to remember
- Time elapsed since offender was seen
- Error or material discrepancy from previous information provided
Use of force
Legislation
Different sections & explanations
Crimes Act 1961
Sec 39 - when executing an arrest or process
Sec 40 - when preventing escape of someone who is being arrested, or escape or rescue of someone who is already arrested
Sec 41 - to prevent suicide or immediate serious injury to the person or property of any one
Sec 42 - to prevent a breach of the peace
Sec 48 - used in self defence
Sec 62 - can be held criminally liable for excessive use of force
Power of arrest
Considerations in arrest vs summons
What do you need to execute a summons
- Witness interference
- Ensure appearance in court
- Ensure no loss of evidential material
- Prevent further re-offending
When executing a summons you require details - name, DOB, address, contact numbers, email, employer, employer details.
Power of arrest
When can an arrest be made
When you have good cause to suspect
Power of arrest
Process of arrest / duties when arresting
- Advise the person they are under arrest, and the reason
- Receive indication that the person understands they are under arrest OR physically touch the person
- Read caution rights
Power of arrest
Adult Caution Rights
You have been arrested/detained for / I am speaking to you about.
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
Power of arrest
Legislative powers and explanations
Any constable and all persons whom they call to their assistance MAY arrest and take into custody, without warrant, any person who:
Crimes Act 1961
Sec 315(2)(a) - he finds disturbing the public peace OR committing any offence punishable by imprisonment
Sec 315 (2)(b) - He has good cause to suspect of having committed a breach of the peace OR any offence punishable by imprisonment
Summary Offences Act 1981
Sec 39(1) - He has good cause to suspect of having committed an offence against this act, except sections 17-20, 25, 32-38
Sec 39(2) - Within his 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. Arrest for the offence seen being committed (eg excreting in a public place (sec 32).
Power of arrest
Explanation of “good cause to suspect”
Good cause to suspect can be gained from such things as your observations, statements from witnesses, description match, vehicle registration match, CCTV, admissions from the offender, scene examination, evidential material, and forensic evidence
Power of arrest
Arrest with warrant - what must you do
- Ensure the identity of the person you are arresting is correct - ask the person if they have outstanding warrants or complete a QP
- Show the warrant to the person being arrested at the time of arrest or as soon as possible after the arrest
- Ensure the warrant is still valid or hasn’t already been executed by having someone sight the warrant prior to arrest
Power of arrest
How do the Practice Notes on Police Questioning fit into arrest process
These state 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 rights caution
Power of arrest
How does the Bill of Rights Act 1990 fit into the arrest process
Sec 23 covers the rights which must be given to a person at the time of arrest and allow these rights to be executed as soon as practicable. These form the rights caution
Power of arrest
The difference between arrest without warrant and arrest with warrant
Same process must be followed but the powers are gained from different areas
with warrant - powers are gained from the judiciary
without warrant - powers are gained from the Crimes Act 1961 (Sec 315(2)(a) or 315(2)(b) or the Summary Offences Act 1981 (Sec 39(1) or 39(2)
Power of arrest
What must you do in relation to Sec 316 of the Crimes Act 1961?
inform the person being arrested of the reason for the arrest unless
- the reason is obvious or
- it is impractical to do so
Power of arrest
Explanation of public peace
Someone is disturbing the public peace if they are likely to commit a disorder offence or cause another to commit an offence.
If you arrest someone for disturbing the public peace you may only keep them in custody for up to 2 hours.
They do not go to court unless you charge them with a specific offence (eg disorderly behaviour)
Power of arrest
Legal protection when exercising a power of arrest
A constable will not be subject to criminal or civil action for arresting, without warrant, the wrong person, provided the constable has acted on reasonable and probable grounds. For example:
- The constable is satisfied they have been given the correct facts from the victim/witnesses
- The constable is satisfied that all the ingredients of the offence are present
- The lawful power to arrest exists
- The identity of the offender is known, even if the witness has made a mistake.
Bill of Rights Act 1990
Sections relevant to police, including descriptions
Sec 21 - Every person should be secure against unreasonable search and seizure of their person, property, or correspondence
Sec 22 - Everyone is protected from arbitrary or random arrest or detention
Sec 23 - People arrested or detained under any enactment have rights and must be informed of those rights
Sec 24 - People charged with an offence have certain rights and must be informed of their rights.
Bill of Rights Act 1990
Section 21 - what does this cover
Every person should be secure against unreasonable search and seizure of their person, property, or correspondence
Unreasonable searches are executed without, or in excess of power, or in bad faith, or in an unreasonable manner (eg strp searching someone in front of bystanders, or searching someone outside of Search and Surveillance Act 2012 powers)
Bill of Rights Act 1990
Section 22 - what does this cover
Everyone is protected from arbitrary or random arrest or detention
Detention for the purposes can be regarded as arbitrary detention if you do not say the following to the suspect: you are free to leave at any time, you do not have to stay to answer any questions
Bill of Rights Act 1990
Section 23 - what does this cover
People arrested or detained under any enactment have rights and must be informed of those rights - This section relates to the caution rights
Everyone who is arrested or who is detained under any enactment shall:
Sec 23(1)(a) - be informed at the time of arrest or detention the reason for it
Sec 23(1)(b) - have the right to consult and instruct a lawyer without delay and in private and be informed of that right
Sec 23(4) have the right to refrain from making a statement and be informed of that right
Sec 23(5) everyone deprived of liberty shall be treated with humanity and respect for the inherent dignity of that person
Bill of Rights Act 1990
Section 24 - what does this cover
People charged with an offence have certain rights and must be informed of their rights.
Sec 24(a) & (c) - Every person charged with an offence shall be informed promptly and in detail of the nature and cause of the charge and shall have the right to consult and instruct a lawyer without delay and in private as soon as practicable
This section appears to be a duplicate of Sec 23 - however this relates to people being CHARGED, whereas Sec 23 relates to people ARRESTED/DETAINED
Bill of Rights Act 1990
Section 23 - when must you given this when using specific powers to search?
When the powers to search include detainment of a person:
Search and Surveillance Act 2012 Sec 27 - detain and search people for offensive weapons if there are reasonable grounds to suspect the person is in possession of one
Search and Surveillance Act 2012 Sec 21 & 22 - detain and search people for drugs if there are reasonable grounds to suspect the person is in possession
Search and Surveillance Act 2012 Sec 18 - detain and search people for firearms if there are reasonable grounds to suspect the person is in possession
Land Transport Act 1998 Sec 69(5) - detain for breath testing purposes
Mental Health Act 1992 - detain for assessment purposes
Search and Surveillance Act 2012 Sec 118 - detain people at a search scene to determine their connection to the objective of the search
Bill of Rights Act 1990
what is arbitrary detention
Arbitrarily means randomly, or in an unrestrained way, or unlawfully
Bill of Rights Act 1990
what is meant by “detained under any enactment”
to detain someone in order to exercise a specific power of search
Bill of Rights Act 1990
Consequences if Rights Caution is not followed correctly
Non-compliance may result in the exclusion of any statement or admission made by the offender, or the dismissal of the case. This is why it is so important to ensure a person is advised of their rights under section 23
Bill of Rights Act 1990
What is the difference between Section 23(5) and Section 9
Sec 23(5) - everyone deprived of liberty shall be treated with humanity and respect for the inherent dignity of the person
Sec 9 - everyone has the right not to be subjected to torture or to cruel, degrading or disproportionately severe treatment or punishment
Sec 9 is a more serious form of conduct. In essence section 23(5) imposes a positive duty to treat prisoners humanely. Sec 9 is concerned with preventing the inhuman treatment of individuals.
Crimes of Torture Act 1989
How is torture described and who does the offence apply to?
As the deliberate infliction of physical and mental suffering.
Taunoa case described that the treatment must be administered for a purpose and must be carried out by, or under the direction of a public official
Applied by or under the direction of any public official, law enforcement officer (or judicial officer or public officer)
What does the SELF acronym stand for?
Scrutiny - would withstand the scrutiny of colleagues, senior officers, family, friends
Ensure compliance - meets Police code of conduct and other policies/guidelines
Lawful - the decision/behaviour is legal
Fair - would be seen as fair by the public
What is the acronym for a key investigation tool
Victim/Informant - obtain particulars and ask open questions to understand the details around the incident
Appreciation - decide what you need to achieve through the investigation
Witness - locate witnesses, obtain particulars, ask open questions to understand the details around the incident, request formal statement later if appropriate, corroborate witness and victim/informant information
Scene - freeze, control, preserve the scene and take notes. Consider whether the scene matches witness/victim/informant accounts
Exhibits - sketch, photograph, record notes/description, seize, or protect/preserve if the offence is serious
Elements - identify the offence committed and work out the elements to start trying to prove these
Powers - once all elements are present, decide what powers can be used to arrest, detain, search, seize items from an offender, or what powers are available to enter a premises
Offender - Decide whether to warn, report, arrest, summons. Assess safety issues when dealing with an offender. Separate offenders and obtain full particulars. Conduct preliminary questions or obtain an explanation of their actions using open questions to try to cover admission of intent or elements of the offence.
Tactical Communication
Reasons for using Tactical Communication
To gain voluntary compliance which: Enhances safety Reduces crime through prevention Reduces paperwork/stress Reduce complaints Enhance public perception
Tactical Communication
What is a contact professional
This is your ‘work self’. This relates to separating your personal views/biases/prejudices/feelings from your professional self
Tool used for gaining voluntary compliance
Ask - ask the person to do what it is you require
Why - explain to the person why you require this (this normally happens in unison with ‘Ask’
Options - provide options to the person. Good/Bad/Good with outcomes. Use motivators such as time, family, reputation, money
Confirm - confirm that the person understands the options given to them and the outcomes
Action - take necessary action (the bad option which was provided earlier)
Length of time dealing with a difficult person is the length of time it takes to get through AWOCA
RIP1 Scenario
Timeline of activity from contact officer
- Receive details from Comms
- Request additional details from Comms
- 10/2 & TENR
- 10/7 to keep other units and Comms updated
- Provide a sitrep to Comms
- Engage with offender/victim/witness
- Make arrest and read caution rights
RIP1 Scenario
Key learnings
Key learnings:
- Remember to take description of both offender and exhibits.
- Slow down TENR. Consider the offence/accusation but ensure you are looking at the immediate threat.
- You can ask the offender for their name and do a QP with Comms if you didn’t have this initially
RIP1 Scenario
Comms general information to request
- Offender name
- Offender alerts
- HARBS
- Description
- Carrying any weapons
- Description of exhibits
- Time delay on information
- Other units available if required
- Direction of travel
- Dogs/firearms registered to address
RIP1 Scenario
Specific offender description information
- Name
- Height
- Age
- Race
- Build
- Sex
- Hairstyle and color
- Complexion
- Distinguishing features
- Clothing
- Carrying anything
- Description of what they are carrying and where (eg stolen shoes on feet or in bag?)
Pepeha
Ko Taupiri to maunga
Ko Waikato to awa
Ko Ngati Rongomau to iwi
Ko Josh toko ingoa
Tactical Communication
Key principles of tactical communication
- Remain calm - speak calmly and clearly
- Always be professional (never personal)
- Start with a low-key approach and increase tempo if needed
- listen carefully
- explain to people what you are about to do and why
- be assertive (never aggressive)
- finish every request/instruction with “thanks”/”thankyou”
- use positive instructions “do this” instead of “don’t do that”
- treat others how you’d like to be reated
Treaty of Waitangi
3 pricinples
- Good Governance
- protect life and property
- keep the peace
- maintain law and order
- prevention first - Relationships, Partnerships, and Participation
- Victim support, Fire, Ambulance, CYFS, Iwi, Women’s refuge, Immigration, Fisheries, NZ Customs, MPI - Human Rights
- Bill of Rights
- Victims Rights
Pre Fight Indicators
What are they
Scanning - looking out for potential witnesses, other officers, backup
Target glance - eyeing up a part of the body to attack
Clenching - body, jaw, shoulders, fists clenching in anger
Thousand mile stare - eye blink slows and suspect almost stares through the officer - and indication of extreme anger or stress
Shifted stance - moving into a fighting position
Flanking - two or more suspects moving around an officer
Trembling - physically shaking in rage, agitation
3 outcomes when first attacked
Fight - attack the person back or take some action
Flight - run away or move away from the threat/situation
Freeze - remain exposed to the threat and freeze up
2 types of investigative interview
Free Recall
Conversation Management
Tactical Communications
Dealing with difficult people - main techniques
Venting - allow the person to vent to get something off their chest
Blocking - “can I ask you to use more appropriate language please”
Verbal redirection - “I understand what you are saying, however if we can focus on…”
Search and Surveillance Act 2012
Circumstances when a search can be executed
- Post arrest (using section 85 or 88)
- Post detainment (using section 85)
- for EBA, mental health etc - When detained under enactment
- searching for firearms, drugs, offensive weapon etc - Consent
- you don’t need to complete NAR for a consent search - Custody Search (using section 11)
