Managing Suspects

Question 1

Use of Force Crimes Act Sections

Answer 1

Section 39 - Executing process or in arrest

Section 40 - Preventing escape or rescue

Section 41 - Prevention of suicide or certain offences
* likely to cause immediate and serious injury to person or property

Section 42 - Preventing breach of the peace

Question 2

Key Rules for Police from BORA

Answer 2

• When questioning, must not suggest it is compulsory to answer
• Sufficient evidence? Caution before asking questions
• If arrested/detained you must give caution
• No power to detain for questioning or enquiries

Question 3

Intention of BORA

Answer 3

Affirm, protect and promote human rights and fundamental freedoms

Question 4

What does BORA provide?

Answer 4

• Protection against government agencies
• Minimum standards for public decision making
• Protection for human rights and basic freedoms

Question 5

NZ BORA Section 23

Answer 5

Rights of person arrested or detained.

• Informed of reason at time of arrest
• Right to consult lawyer w/o delay
• Right to validity of arrest determined
• Charged promptly
• Brought before court asap
• Refrain from making statement
• Treated with humanity and respect

Question 6

NZ BORA Section 15

Answer 6

Manifestation of religion and belief

*Worship, observance practice or teaching. Individually or in community

Question 7

Rules for Police to adhere to regarding lawyers

Answer 7

• Right to speak with lawyer
• No obligation to offer multiple lawyers if they’re unhappy with the advice they have received

Question 8

NZ BORA Section 18

Answer 8

Freedom of movement
- Right to movement and residence
- Enter NZ
- Leave NZ
- Not required to leave if in NZ lawfully, except decision on grounds of law

Question 9

NZ BORA Section 22

Answer 9

Liberty of person

-Right not to be arbitrarily arrested or detained

Question 10

NZ BORA Section 24

Answer 10

Rights of person charged

Everyone charged with an offence:

• informed promptly of nature
• released if appropriate
• lawyer
• prepare defence
• if penalty more than 2 years, right to trial by jury
• legal assistance w/o cost
• interpreter

Question 11

Practice Note on Police questioning 1:

Answer 11

Police may ask questions of any person whom is thought to have useful information about an offence but must not suggest that it is compulsory for the person to answer

Question 12

Practice Note on Police questioning 2:

Answer 12

When Police have sufficient evidence to charge must be cautioned before being invited to make statement or answer questions

Question 13

Practice Note on Police questioning 3:

Answer 13

Questions of person in custody whom there is sufficient evidence to charge must not amount to cross-examination

Question 14

Practice Note on Police questioning 4:

Answer 14

Whenever a person questioned about statements made by others or about other evidence, the statement or nature of evidence must be explained fairly

Question 15

Practice Note on Police questioning 5:

Answer 15

Statement made by person in custody must preferably be made on DVD unless impractical or person declines to be recorded.