Managing Suspects and offenders

Use of Force S.39

Force used in executing a process or arrest

Use of Force s.40

Preventing escape or rescue

Use of Force s41

Prevent suicide or other certain offences

Use of Force s42

Preventing a Breach of the Peace

Section 202a
Possession of offensive weapons or a disabling substance definitions

What is the offence of possession of offensive weapons

ATTORNEY GENERAL v REID

Arrest for anticipated breach of the peace

NZ Bill of Rights

s8 Right not to be deprived of life

NZ Bill of Rights
s9

Right not to be subjected to torture of cruel treatment

NZ Bill of Rights
s13
Right to freedom of thought,
conscience or religion

NZ Bill of Rights
s14
Freedom of expression

NZ Bill of Rights
s15
Manifestation of religion and belief

NZ Bill of Rights
s17
Freedom of association

NZ Bill of Rights
s18
Freedom of Movement

NZ Bill of Rights
s20
Rights of minorities

NZ Bill of Rights
s21
Right of unreasonable search and seizure

NZ Bill of Rights
s22
Liberty of person

NZ Bill of Rights
s23
rights of persons arrested or detained

NZ Bill of Rights
s24

Rights of persons charged

NZ Bill of Rights
s25
Minimum standards of criminal procedure

Freedom of Expression

Taueki v Police

BROOKER v POLICE

Disorderly behaviour, protest and BOR

FALWASSER V ATTORNEY GENERAL

Inhumane treatment

R v WILLIAMS

Right to be secure against unreasonable search and seizure s21

R v PRATT

Search lawful but unreasonable

R v HUFFLETT

Search, warrant, application of BOR
and an "agent of the state"

R v BARLOW

Recorded telephone calls

BOR s22

AG v HEWITT

Right not to be arbitrarily detained

When considering an arrest is to be made or bail is to be refused in FV matters what factors may that include?

NEILSON v AG

Arbitrary detention, discretion

Charged for failure to account in Oct 1992 for 2 cheques valued at $110

R v BRIGGS

How far court reviews
the discretion of arrest

R v MALLINSON

Rights, warnings, general principles

R v TUNUI

Warning and ensuring understanding

R v JI

Access to lawyer and right to silence

R v ROGERS

Right to be promptly charged

Denying bail for questioning

R v TE KIRA

Right to be brought to court asap

R vDOUGHTY

Police have no obligation to re-interview offender who initially denies offending

Police investigating an offence may ask questions of any person from whom it is thought useful information may be obtained, whether or not that person is a suspect, but must not suggest it is compulsory for that person to answer

What is the definition of
sufficient evidence to charge

If you give someone their rights before arresting or detaining them do you need to give them again after arrest/detention?

What rights should you tell a youth suspect if they are NOT under arrest and you wish to obtain their details or take to station