Salient: Victoria University Students' Paper. Vol. 29, No. 6. 1966.
citizens' rights in nz
citizens' rights in nz
Justice requires that the innocent be protected, as much as that the guilty be convicted. Difficult and complex though the task of the police may be they must never be allowed to sacrifice the first principle to achieve the second.
To ensure that investigations cannot become unfair or oppressive, or result in further injustice, citizens have certain rights. But to be effective in their purpose these rights must be widely known.
Meeting the Police
The police must:
• Tell you why they are arresting you as soon as possible after they do so.
• Let you get in touch straight away with a lawyer and or your family or friends.
• Refrain from making threats or promises to induce you to answer questions or sign documents.
You as a citizen may refuse to:
• Go with a policeman to the police station unless he says you are under arrest.
• Answer questions or sign anything at the police station.
• Permit the police to search premises unless they show you a warrant empowering them to do so.
Before you agree to accompany a policeman to the police station, ask him if he is arresting you. If the answer is "no," you do not have to go unless you wish. If he says "yes." ask him why, because he is legally compelled to tell you.
You must then go with him, and if you protest too vigorously you may be faced with an additional charge of obstructing the police.
You can be arrested for many offences without the police having to a get a warrant beforehand. If you are told there is a warrant for your arrest, it must be shown or read to you as soon as possible after your arrest.
After your arrest you may send messages either by telephone or telegram to your lawyer, family or friends. Obviously you must keep your messages brief, but you arc entitled to send them immediately.
Lawful Occasions
Whatever the hour of day or night, or wherever the locality, you do not have to give any information to any inquiring policeman except for your name and address. Unless you wish you need not say what you arc doing or where you are going.
A policeman may not use hand or baton to suggest you "move along there please."
You are liable to arrest for such offences as disorderly behaviour or drunkenness in a public place and it is also an offence where a person "without lawful authority or reasonable excuse obstructs any footpath or footway or carriageway."
Assisting the Police
You may refuse to take part in an identity parade if you are asked to do so by the police.
You become liable for a conviction and fine for committing an offence if you are a male over 18 and refuse to help the police when they call on you for assistance in catching someone or taking someone in their charge to the police station or anywhere else.
You and a Lawyer
It is advisable for any person accused or likely to be accused of committing any offence to consult a lawyer before saying anything. The circumstances leading up to an arrest and lack of familiarity with police procedures may be so confusing as to cause an innocent person to make misleading or damaging statements.
If you don't know a lawyer you may look in the yellow pages of the telephone directory under Barristers and Solicitors.
Or you may make an application to a magistrate. This will probably mean that you will be held in custody at the police station for a few hours—perhaps overnight— until you can appear in court. If you then satisfy a magistrate that you can't afford a lawyer's fees he will authorise legal aid.
If you decide to consult a lawyer don't sign anything, or take part in any discussion of the alleged offence, at the police station until he arrives. You are entitled to talk to him in private but this right does not extend to conversation with anyone else.
Bail
Between the time of your arrest and your trial you may cither be held in custody or released on ball. For certain offences you are entitled to bail as of right. When you are first arrested the police have power in the case of certain trivial offences to release you on bail. Otherwise you have to wait in custody until there is a court sitting where you or your lawyer may apply for bail.
You may be granted bail:
(1) on your own recognisance—that is, you personally undertake to fulfil the conditions laid down by the court. For example, you may have to report regularly to a local police station while you are out on bail.
(2) subject to your providing sureties— that is, a person or persons who, if you don't carry out the terms of your bail, agree to forfeit a certain sum of money fixed when bail is granted. This sum does not have to be produced in cash, but before a person will be accepted as a surety he must satisfy the authorities that he is worth the amount fixed.
Police Questioning
There are certain rules governing the questioning of accused persons.
Naturally the police are anxious to get evidence whenever possible and sometimes may encourage a suspect to come to the police station voluntarily—that is, without being put under arrest—and make a statement or answer questions, before he is accused.
The only police questions you are bound to answer are (a) your name and address and (b) in the case of traffic offences the name of the driver of your car at any given time, and (c) when in licensed premises, your age.
You need answer no other questions.
In every case, an accused person would be unwise to do so.
After arrest, the police have no right to question you without first cautioning you. You still need not and should not answer questions. Consult a lawyer.
The Caution
At the station the police should inform you oi the precise details of the charge against you and, in accordance with the Judges' Rule, caution you in these words:
"Do you wish to say anything in answer to the [ unclear: charge] You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence."
Now the police are not required by law to do this. Therefore, even if they do not caution you at first, anything you say may still be used to your disadvantage in court later.
The police have absolutely no authority to:—
• Make a bargain with you.
• Carry out any promise you might think they made.
• Threaten you.
• Use violence beyond that which might be necessary to arrest or restrain you.
If you feel that the police have exceeded their rights in questioning you, and either you or your lawyer can convince the court [ unclear: tha] any statements you made were obtained by the use of threats or promises, such statements cannot be used against you. But obviously it is better if you have not made any statement or answered any questions at all.
Fingerprints
The police are entitled to take photographs, fingerprints and footprints and all other identifying particulars of persons in custody charged with any offence. If you are acquitted these should be destroyed.
Searching Your House
Neither the police nor anyone else is entitled to search your house, shop or other premises without a search warrant from a magistrate.
A policeman must carry this warrant and show it to you if you ask to see it. If you still refuse to let the police in they are empowered to break in.
If you give the police permission to come in and make a search whenthey ask, you can make no complaints later whether in fact they were carrying a warrant or not.
There is an exception. A constable may without a search warrant search a dance hall if he suspects intoxicating liquor is being, consumed there.