The Power of Arrest

Question 1

What is the purpose of Arrest ?

Answer 1

To deprive people of their liberty, by taking them into Police custody until they can be bailed or taken to the local court.

Question 2

Duties when arresting - Section 316 Crimes Act 1961 ?

Answer 2

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

• the reason is obvious, or
• it is impracticable to do so

Question 3

Duties when arresting - Section 23 NZ Bill of Rights act 1990 ?

Answer 3

A person who has been arrested must be given their rights caution immediately following arrest. This involves explaining the rights from section 23 to them, as soon as practicable, allowing them to exercise their rights.

Question 4

What is the Rights Caution ?

Answer 4

You have been arrested/detained for ( give reason ) OR I am speaking to you about ( give reason )

You have the right to remain silent and 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 can speak to for free

Question 5

What section do we get our Powers of arrest without warrant ?

Answer 5

Section 315 Crimes Act 1961

Question 6

What sections give us power of arrest without warrant ?

Answer 6

Section 315 of the Crimes Act 1961 and Section 39 of the Summary Offences Act 1981

Question 7

C.A Section 315 (2) (a) is ?

Answer 7

He finds
Disturbing the public peace
OR
Committing any offence

Punishable by imprisonment

Question 8

C.A Section 315 (2) (B) is ?

Answer 8

-He has good cause to suspect
-Of having committed a breach of the peace
OR
-Any offence
-Punishable by imprisonment

Question 9

S.O.A Section 39 (1) ?

Answer 9

• He has good cause to suspect
• Of having committed an offence against this act
• Except sections 17-20,25,32-38

Question 10

S.O.A Section 39 (2) ?

Answer 10

• 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

Question 11

How may suspicion be gained ?

Answer 11

observations, statements from witnesses, admissions from the offender, scene examinations and forensic evidence

Question 12

Crimes Act 1961 Section 315 penalty ?

Answer 12

Imprisonment of more than 3 months

Question 13

Summary Offences Act 1981 Section 39 penalty ?

Answer 13

Either a financial penalty or a term of imprisonment (except for assault) does not exceed 3 months

Question 14

How long can you hold someone for disturbing the peace ?

Answer 14

Upto 2 hrs