113Effect of Part on other powers and duties

#### 113 Effect of Part on other powers and duties 113 Effect of Part on other powers and duties (cf [Crimes Act 1900](/view/html/inforce/current/act-1900-040), s 356B) > > (1) Existing powers relating to arrest and other matters This Part does not— > > > > > (a) confer any power to arrest a person, or to detain a person who has not been lawfully arrested, or > > > > > (b) prevent a police officer from asking or causing a person to do a particular thing that the police officer is authorised by law to ask or cause the person to do (for example, the power to require a person to submit to a breath analysis under Division 2 of Part 2 of Schedule 3 to the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)), or > > > > > (c) independently confer power to carry out an investigative procedure. > > > (2) Certain evidentiary matters and rights not affected Nothing in this Part affects— > > > > > (a) the operation of— > > > > > > > (i) the following provisions of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025)— > > > > > > > > > section 84 (Exclusion of admissions influenced by violence and certain other conduct) > > > > > > > > > section 85 (Criminal proceedings: reliability of admissions by defendants) > > > > > > > > > section 90 (Discretion to exclude admissions) > > > > > > > > > section 138 (Exclusion of improperly or illegally obtained evidence) > > > > > > > > > section 139 (Cautioning of persons), or > > > > > > > (ii) any other provision of that Act, or > > > > > (b) any law that permits or requires a person to be present at the questioning of another person who is under arrest or is a protected suspect (for example, the presence of a parent at the questioning by a police officer of the parent’s child), or > > > > > (c) the right of a person to refuse to participate in any questioning of the person or any other investigative procedure unless the person is required by law to do so, or > > > > > (d) the right of a person to leave police custody if the person is not under arrest, or > > > > > (e) the rights of a person under the [Bail Act 2013](/view/html/inforce/current/act-2013-026). > > **s 113:** Am 2013 No 19, Sch 4.33 \[5\]; 2014 No 5, Sch 2.22 \[2\]; 2014 No 31, Sch 1 \[7\].