Arrest Flashcards

(12 cards)

1
Q

Purpose of an arrest

A

Take a person into custody
Take away their liberty

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2
Q

What must you have when arresting a person

A

A warrant or specific statutory power for an arrest without warrant

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3
Q

W
E
E
P

A

-Witness/ victim protection if required
-Ensure apprence in court
-Ensure safety of evidence
-Prevent further offenses

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4
Q

What statute does the Act to arrest someone come under - arrest without warrant

A

Crimes Act 1961 section 315 arrest without warrant

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5
Q

What is the difference between arrest and detain

A

Detaining someone for a process like breath test or to take to mental health facility.

Arrest someone for a crime they may have committed

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6
Q

Sentencing Act 2002

A

Principles and purposes of sentencing for adult offenders

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7
Q

Oranga Tamariki Act

A

Principles and purposes for young people and children

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8
Q

Section 7 of sentencing Act 2002

A

The purposes of sentencing
Judge must consider when deciding the purpose of the sentence being imposed

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9
Q

Section 8 of the sentencing Act

A

The principles of sentencing
Judge needs to consider when setting the punishment

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10
Q

Powers of arrest, Crimes act 1961

Any constable may arrest without warrant any person they:

A

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.

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11
Q

Summary offenses Act 1981, section 32

A

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.

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12
Q

Conditional threat

A

Is where someone threatens to apply force, depending upon that victim doing or not doing something for the suspect

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