Suspects & Offenders

Question 1

Section 39

Answer 1

Any constable effecting an arrest is justified to use the necessary force to overcome any force used in resisting arrest.

Question 2

Section 40

Answer 2

Use of force to prevent escape

Question 3

Section 41

Answer 3

Everyone is justified in using such force as may be reasonable necessary in order to prevent the commission of suicide or the commission of an offence likely to cause serious injury to person or property.

Question 4

S42

Answer 4

Everyone who witnesses a breach of the peace is justified in interfering to prevent it continuing and may detain any person committing it using no more force than is reasonable necessary.

Question 5

Section 315

Answer 5

Arrest of a person without warrant - for breach of the peace or for any imprisonable offence

Question 6

Section 316 details the duties of a person arresting someone, that include 316(5) being that everyone who is arrested on a charge of any offence shall be brought before a court asap. What are the exceptions of this?

Answer 6

316(5A)
Released following service of summons
Released on bail
Otherwise released from custody

Question 7

Section 8, Bill of Rights Act 1990

Answer 7

Right not to be deprived of life

Question 8

Section 9, Bill of Rights Act 1990 - walk the line

Answer 8

Right not to be subjected to torture or cruel treatment

Question 9

Section 13, Bill of Rights Act 1990

Answer 9

Freedom of thought, conscience and religion

Question 10

Section 14, Bill of Rights Act 1990 -

Answer 10

Freedom of expression

Question 11

Section 15, Bill of Rights Act 1990

Answer 11

Manifestation of religion and belief

Question 12

Section 16, Bill of Rights Act 1990

Answer 12

Freedom of peaceful assembly

Question 13

Section 17, Bill of Rights Act 1990

Answer 13

Freedom of association

Question 14

Section 18, Bill of Rights Act 1990

Answer 14

Freedom of movement

Question 15

Section 19, Bill of Rights Act 1990

Answer 15

Freedom from discrimination

Question 16

Section 20, Bill of Rights Act 1990

Answer 16

Right of minorities

Question 17

Section 21, Bill of Rights Act 1990 - U

Answer 17

Right to be secure against unreasonable search or seizure.

Question 18

Section 22, Bill of Rights Act 1990 - A

Answer 18

Right not to be arbitrarily arrested or detained

Question 19

Section 23, Bill of Rights Act 1990 - A

Answer 19

Rights of a person arrested or detained

Question 20

Section 24, Bill of Rights Act 1990 - C

Answer 20

Rights of a person charged

Question 21

Section 25 relates to the minimum standards of criminal procedures, meaning everyone who is charged with an offence has the following rights. List these

Answer 21

Right to:
A fair and public hearing
Tried without undue delay
Presumed innocent until proven guilty
Not to be compelled as a witness or confess guilt
To be present at trial and to present a defence
Examine witnesses
To appeal

Question 22

What are the four most important rules associated with the NZBORA? QCAD

Answer 22

QUESTIONS - When you are investigating an offence you may ask questions but must not suggest it is compulsory.

CHARGE - If you have sufficient evidence to charge a person you must caution them before asking them to make a statement

ARREST - If you arrest a person you must caution the person

DETAIN - There is no power to detain a person for questioning

Question 23

What are the three primary purposes of the NZBORA? PMP

Answer 23

Protection against power of government agencies
Minimum standards for public decision making
Protection for human rights and basic freedom

Question 24

What are the specific obligations under the NZBORA to Police? UAACM S21-25

Answer 24

Protection against unreasonable search and seizure
Protection against arbitrary arrest or detention
Rights of person arrested or detained
Rights of person charged with an offence
Minimum standard of criminal procedure

Question 25

Define assembly

Answer 25

Two or more people meeting with a common goal.

Question 26

For a protestor to be offensive or disorderly their behaviour must either be?

Answer 26

Inhibiting other people from enjoying their right to use the public amenity and/or

Cause greater offence those affected can reasonably be expected to tolerate

Question 27

Define search

Answer 27

A state of intrusion into an individuals reasonable expectation of privacy

Question 28

Define seizure

Answer 28

Removing something from the possession of someone else

Question 29

Define arbitrarily

Answer 29

Unreasoned and without reasonable cause

Question 30

What considerations are given in relation to arbitrary detention? PEND

Answer 30

PEND
Purpose
Extent
Nature
Duration

Of any constraint

Question 31

Define arrest

Answer 31

A communicated intention on the part of the Police to hold a person under lawful authority

Question 32

A person is regarded as detained if

Answer 32

Physical deprivation of a persons liberty
Statutory restraints on a persons movement
Reasonable belief by conduct that they are not free to leave

Question 33

When is a defendants statement not admissible against that defendant? ROI

Answer 33

Reliability rule (S28)
Oppression Rule (S29)
Improperly obtained evidence rule (S30)

Question 34

Define Reliability in relation to a defendants statement

Answer 34

The accuracy and the soundness of the statement

Question 35

What are the exceptions of the reliability rule S28(3)

Answer 35

Statement used to prove 1Mness of suspect
Statement provided only as evidence that statement was made

Question 36

When the issue of improperly obtained evidence is raised, what must the judge do?

Answer 36

Find, on a balance of probabilities, whether or not the evidence was improperly obtained and

If the judge finds that evidence, determine whether or not the exclusion of evidence is proportionate to the impropriety

Question 37

What are some things the court may consider in relation to a decision about improperly obtained evidence?

Answer 37

R - rights breached?
N - nature of impropriety, in particular whether it was deliberate, reckless or done in bad faith
N - nature and quality of the improperly obtained evidence
S - Seriousness of the offence

Question 38

Define improperly obtained evidence as per S30(5)

Answer 38

Evidence obtained…

That is a breach of law/rule of NZBORA
In consequence of a statement made by defendant would be inadmissible
Unfairly

Question 39

What are the 5 points in practice note on police questioning 30(6) of the Evidence Act 2006. QCCFV

Answer 39

QUESTIONS - Police may ask questions of any person to assist with inquiries. However, Police must not suggest that the person must answer.

CHARGE - whenever Police have sufficient evidence to charge a person with an offence, or if Police seek to question a person in custody

CROSS-EXAMINATION - questions of a person in custody or a person with sufficient evidence to lay a charge must not amount to cross-examination

FAIRLY EXPLAINED - If statements made by others or about evidence the substance or nature of the evidence must be fairly explained.

VIDEO - suspect statements preferable are on DVD.