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Police colleges greatest hits > Use of Force and Bill of Rights > Flashcards

Use of Force and Bill of Rights Flashcards

1
Q

What act and what section relates to preemptive force?

A

Section 48 of the Crimes Act 1961

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2
Q

When excessive force is not proportionate what section would apply?

A

Section 62 Crimes Act 1961

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3
Q

What happens when you attack a person in an unjust manner?

A

You loose the right to claim self defense. It would have been under section 48 but now this falls under section 62

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4
Q

What does section 32 of the Policing Act 2008 state?

A

Police may use reasonable, necessary force to obtain fingerprints, DOB, address, name (non compliance they are liable for imprisonment not exceeding 6mth $5000)

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5
Q

What does the policing act 2008 state in relation to section 32?

A

The police may take a person’s identifying particulars if they suspect them of committing an offence and intend to bring court proceedings against them. By way of summons can be detained for a necessary period of time any place of detaining (non compliance they are liable for imprisonment not exceeding 6mth $5000)

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6
Q

How does the Search and Surveillance Act 2012 help regarding section 11?

A

A section 11 search is a person who is locked up. This is to remove anything that could harm themselves or any other and also an item that maybe of value.

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7
Q

What is a TOR?

A

Tor is a tactical options report. This has to be filled out by shift end in relation to any force that I have used on any of my jobs.

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8
Q

What is the pyramid of police tactical options?

A 
Firearms 
Dogs 
Taser 
Batten 
OC spray 
Open hand tactics 
Handcuffing 
Tactical communications
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9
Q

When is a medical examination report required?

A

Minor in nature use of force

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10
Q

What is section 39 of the crimes act 1961?

A

The use of force when carrying out an arrest or executing a warrant or process. Reasonable necessary and proportionate

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11
Q

What is section 40 of the Crime Act 1961?

A

Use of force to prevent a person trying to avoid arrest, escape or being rescued. Reasonable proportionate and necessary.

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12
Q

What does the crimes act 1961 section 41 relate to?

A

This is the use of force to prevent suicide. This must be reasonable proportionate and necessary.

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13
Q

What is required in relation to use of force in the Crimes Act 1961 section 42?

A

A witness who saw it must be present.

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14
Q

What does section 42 of the Crimes Act 1961 state?

A
  • Justification to those witnessing a breach of the peace to interfere.
  • Using force if necessary to prevent the disturbance from re-starting
  • who is every person

Reasonable necessary and proportionate

They must have witnessed it.

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15
Q

What is the difference between a subjective test in relation to section 48 of the Crimes Act 1961?

A

Objective = Another reasonable persons view in the same position

Subjective = Your own assessment of the situation

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16
Q

What does the Crimes act 1961 state in terms of section 48?

A

Justification for use of force in self defense and defense of another

Who = every person

Key words are = Reasonable, proportionate and necessary

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17
Q

Name all the use of force acts and what they do?

A 
s39=Arrest, warrant or process 
s40=Escape or rescue 
s41=Suicide 
s42=Breach of the peace 
s48=Self defense and defense of another 
s62=When use of force is excessive 
PA2008s33=Identification 
PA2008s32=Fingerprints and  photos
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18
Q

How does the Bill of rights fit in with questioning and the powers to arrest?

A

Note 2 state that whenever a member of the Police has sufficient evidence to charge a person in custody. The person must be cautioned. This relates to section 23 of the N.Z. Bill of Rights 1990 that the suspect must be cautioned and given a reason why. This ties in with section 316 of the Crimes act 1961 which is the persons duties when arresting.

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19
Q

When is arrest complete?

A
  • You are under arrest for ………
  • Do you understand and they afirm
  • Physical touching of the person
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20
Q

When must the bill of rights be spoken to the offender?

A
  • arrest
  • detain
  • statement
  • charged
  • confession of another offence interview
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21
Q

what does section 21 of the NZ Bill of Rights state?

A

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

22
Q

What does section 24 of the NZ Bill of Rights state?

A

“Every person charged with an offence shall be informed promptly and in detail of the nature and cause of the charge
Shall have the right to consult a lawyer without delay and in private as soon as impracticable”

23
Q

What does section 23 of the New Zealand Bill of Rights relate to?

A

“Everyone who is arrested or who is detained under any enactment shall be:

  • informed of the reason why
  • Have the right to consult with a lawyer
  • Have the right to refrain from making a statement”
24
Q

What does section 22 of the New Zealand Bill of Rights state?

A

“Everyone has the right not to be arbitrarily arrest or detained”

25
Q

What are the two thing that you need to check before arresting with a warrant?

A

a-Identity

b-The warrant is valid

26
Q

What must be cleared after a successful arrest for warrant?

A

Indicate on the warrant itself that it has been executed and then return it to the court.

27
Q

What does the summary offences act 1981 section 39(2) say regarding powers to arrest?

A

Within his/her view
Does an act which the constable beleives is an offence against sections 17-20, 25, 32-38 and fails to give name & address or false details

28
Q

What does the crimes act 1961 section 315(2)(b) say about the powers of arrest?

A

Good cause to suspect
Having committed a breach of the peace
Or
Any offence punishable by imprisionment

29
Q

What does the summary offences act 1981 section 39(1) say regarding the powers to arrest?

A

Good cause to suspect
Having committed an offence against the act
except 17-20, 25, 32-38

30
Q

What does the crimes act 961 section 315(2)(a) say about the powers of arrest?

A

Any person she/he finds
Disturbing the public peace
OR
Committing an offence punishable by imprisionment

31
Q

What is the crimes act 1961 section 62 verbatim?

A

“Everyone authorised by law to use force is criminally responsible for any excess. According to the nature and quality of the act that constitutes the excess”.

32
Q

What does the crimes act 1961 section 316 state?

A

Any person who is arrested must be informed of the reasons why.
Unless it is obvious or it is impractical to do so

33
Q

What legal protection do I have as a member of the Police regarding arrest?

A

As long as I have acted in good faith. I am protected from civil or criminal action.

34
Q

What does the Crimes Act 1961 section 315(2)(a) state about the powers to arrest?

A

Any person he finds
Disturbing the public peace
OR
Committing an offence punishable by imprisonment

35
Q

What doe ssection 24 of the New Zealand Bill of Rights states?

A

Relates to the charging of an offense

-every person charged with an offence shall be informed promptly and in detail the nature and cause of the charge

36
Q

What is the mnemonic for practice notes?

A 
A-ask 
C-caution 
C-cross examination 
E-explain 
R-record
37
Q

What does practice note 3 relate to?

A

Questions of a person in custody or in respect of whom there is sufficient evidence to file a charging document
Questions should not amount to CROSS EXAMINATION

38
Q

What does section 23 of the New Zealand Bill of Rights State?

A

Must be informed at the time of the arrest or detention WHY + CR

39
Q

What does section 21 of the New Zealand Bill of Rights state?

A

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

40
Q

What does section 22 of the 1990 New Zealand Bill of Rights state?

A

Everyone has the right not to be arbitrarily detained
You are free to leave at anytime
You do not have to remain to answer questions

41
Q

What does practice 1 state?

A

A police member may ask any person a question of whom they thought useful information may come.
But may not suggest that it is compulsory to answer.

42
Q

What dopes practice note 4 state?

A

Whenever a person is questioned about statements made by others or about the evidence or substance of the statements must be fairly explained.

43
Q

What are the consequences for breaching the practice notes on police questioning?

A

1-Evidence maybe inadmissible
2-The case maybe dismissed
3. Your creditably
4. My behavior could result in adverse publicity, formal complaints, criticism, police inquiry or possible charges.

44
Q

What is the difference between admission and confession?

A

Admission - anything the offender says

Confession - a signed statement/DVD that the offender has done something

45
Q

What does practice note 5 state?

A

Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge
1-Video
2-Changes must be initiated by the person
3-I must sign each page and endorse the statement.

46
Q

What does practice note 2 state?

A

Whenever a member of police has sufficient evidence to charge a person in custody. The person must be cautioned.
Before inviting a statement

47
Q

What are the powers of the New Zealand Police?

A 
Search 
Detain-interview 
Arrest 
Seize
Detain-mental/EBA
48
Q

What is the definition of a breach of the peace?

A

an offence

  • a person
  • a person’s property in the presences of that person
  • that they fear they will be harmed
49
Q

Explain the hierarchy of evidence?

A

100%-Beyond reasonable doubt
60%-Reasonable grounds to believe
30%-Reasonable grounds to suspect
30%-Good cause to suspect

50
Q

Explain all the Bill of Rights sections?

A

21-Unreasonable search
22-Arbitrarily arrest detained
23-Why - Caution rights
24-Everyone charged with offence informed nature and cause + caution rights

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