Crimes Act 1961

are there any jurisdictions where we've got something in place where we'd be like well actually why don't we just do what i don't know well country a is doing

um well i think the uk you know the uk reversal of the burden of proof they've also got a a charge in their crimes act that talks about if you were at the scene, if you were present at the crime scene.

So they have slightly different charges within their Crimes Act that perhaps New Zealand will look at when they create this draft and then put it through select committee and debate.

Is it adults? Is it children? Is it a change of the police caution? And I guess that's the beauty about the democracy, right? Everybody can then weigh in.

all the brains around how the right to silence and the Bill of Rights can work to get the best outcome for everybody.

So the police have put out some information about, um, when you can make a citizen's arrest, so what you can and can't do and what sort of the process needs to be.

According to the police, you need to believe on reasonable and probable grounds that an offense against the Crimes Act has been committed by the person.

Now that's what the police website says, "has been committed." However, the law itself actually says that the cr- uh, an offense against the Crimes Act is being committed, and that's a different setup.

So, um, it actually means that it's... you kind of have to see them doing a crime, essentially, not that you think they have done one at some point in the past, despite the slightly different wording there.

So essentially you have to believe on reasonable and probable grounds that there is a specific offense being committed by a person.

And already you're running into some problems as a member of the public.

What is reasonable to believe that they are committing a crime? Um, and it's not just a crime.

It has to be an offense under the Crimes Act, which is not all crimes.

But in a short hearing at the High Court at Auckland today, Justice Simon Mount KC told the man at the heart of the case he was free to go.

Mr. Tamihere, uh, in accordance with Section 347 of the Crimes Act, uh, you are discharged on the two charges of murder, uh, in the indictment before the court, uh, which was filed in 1990.

Um, you may stand down and you are free to go.

Speaking to media outside court, David Tamihere said he was still processing the news.

Meanwhile, last resort is the key phrase being used to describe new citizens' arrest powers.

Sweeping Crimes Act reforms passed into law last month mean anyone can use reasonable force to detain a person committing an offence like shoplifting.

The Security Association has launched new industry guidelines for using the powers, including a recommendation they're only carried out by trained security staff.

CEO Gary Morrison says a citizen's arrest should really only happen if necessary.

There are a couple of things that they must ensure.

One is that there has been a crime committed against the Crimes Act.

which is really important, and also that they are actually the person, the person that you're attempting to arrest or detain is actually the person that committed that crime.

They also then must immediately notify the police and follow the instructions that the police give you there.

But you should have some plans in relation to

what and if that happens,

whether that is that you, you know, remove them from the property or you, I don't know, would need to be a a really thought out clear policy in lines with the Health and Safety Management Act and also the Crimes Act and all that kind of stuff as well.

And I guess part of the reason for that is that the person that's doing the rest is the one that needs to report to police because they've actually seen the illegal activity rather than necessarily the retailer who hasn't.

I'm happy with where they are right now.

And I think it was Andrew Little's bill in 2020 that took abortion out of the Crimes Act.

I supported that as well.

So, yeah, I'm happy with it.