Bill of Rights

Question 1

State S21.

Answer 1

Everyone has the right to be free from unreasonable Search and Seizure whether the person, property or correspondence

Question 2

S22:

Answer 2

Everyone has the right not to be arbitrarily arrested or detained

Question 3

What are the right of a person arrested S23? (7)

Answer 3

1: Informed at time of arrest reason for it.
2: Right to consult and instruct a lawyer
3: Right to have arrest challenged by Habeus Corpus
4: Be charged promptly or released
5: If not bailed, then right to appear ASAP
6: Refrain from making a statement
7: Treated with dignity.

Question 4

A person arrested and a person charged have different rights. What additional rights does a person charged have?

Answer 4

Right to bail
informed of the nature of the charge
Adequate time to prepare a defence
Right to trial
Right to legal aid
Right to interpreter

Question 5

There are four key rules associated with the BoR, what are they?

Answer 5

1: You may ask any questions but you must not suggest it is compulsory to answer.
2: If you have sufficient to charge, you must caution.
3: You must caution on arrest regardless of whether you have cautioned already
4: There is no power of detention for questioning.

Question 6

What are the rights of a person charged S25?

Answer 6

Presumption of innocence
Fair trial (without delay)
Not to confess or be called to stand
To be present
To examine witnesses
Right to lesser penalty (if changed meantime)
Right to appeal
Right of child to be dealt with in manner consistent with age.

Question 7

What is a search?

Answer 7

A conscious intrusion by the state into an individuals reasonable expectation of privacy

Question 8

What is “Seizure”

Answer 8

Removing something from the possession of someone else.

Question 9

What makes a search unreasonable?

Answer 9

Circumstances (ie strip search in public)

Manner of search.

Question 10

A search undertaken in good faith using the incorrect search power is unlawful or unreasonable?

Answer 10

Unlawful - but not unreasonable

Question 11

A strip search in public is unreasonable. What sections of BoR does it breach?

Answer 11

S9 - Cruel and degrading

S21 - Not to be subject to unreasonable search and seizure

Question 12

If a search is deemed unreasonable, what is the usual remedy?

Answer 12

Exclusion of evidence S30 Evidence Act

Question 13

Give four examples of arrest or detention:

Answer 13

Handcuffed
Formally arrested
Locked in a room
Placed in a patrol car against their will