Purpose of an arrest
Take a person into custody
Take away their liberty
What must you have when arresting a person
A warrant or specific statutory power for an arrest without warrant
W
E
E
P
-Witness/ victim protection if required
-Ensure apprence in court
-Ensure safety of evidence
-Prevent further offenses
What statute does the Act to arrest someone come under - arrest without warrant
Crimes Act 1961 section 315 arrest without warrant
What is the difference between arrest and detain
Detaining someone for a process like breath test or to take to mental health facility.
Arrest someone for a crime they may have committed
Sentencing Act 2002
Principles and purposes of sentencing for adult offenders
Oranga Tamariki Act
Principles and purposes for young people and children
Section 7 of sentencing Act 2002
The purposes of sentencing
Judge must consider when deciding the purpose of the sentence being imposed
Section 8 of the sentencing Act
The principles of sentencing
Judge needs to consider when setting the punishment
Powers of arrest, Crimes act 1961
Any constable may arrest without warrant any person they:
315 (2) (a)
Find - See, disturbing the public peace OR committing an offense punishable by imprisonment
315(2) (b)
Have good cause to suspect- of having committed a breach of the peace OR any offense punishable by imprisonment.
Summary offenses Act 1981, section 32
39 (1)
Have good cause to suspect - of having an offense against this Act.
39 (2)
Have within their view - Does an act the constable believes is an offense.
And
Fails to give name and address or gives false details. Arrest for the offense seen committed.
Conditional threat
Is where someone threatens to apply force, depending upon that victim doing or not doing something for the suspect