Bill Of Rights

Question 0

What are the s23 rights / caution?

Answer 0

You are under arrest for …
You have the right to remain silent
You do not have to make any statement
Anything you say will be recorded and may be given in evidence in court
You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions
Police have a list of lawyers you may speak to for free

Question 1

When must you give the rights / caution to a suspect or an offender?

Answer 1

Arrest a person OR

indicate you wish to hold a person under an enactment

Question 2

What is meant by arbitrary detention

Answer 2

A person cannot be arrested randomly, unlawfully or in an unrestrained way

Question 3

What is meant by detained under any enactment

Answer 3

You are detaining the person under an enactment. This means s23 now applies and you should give the person their caution / rights

Question 4

What should you tell a suspect in order to avoid arbitrary detention?

Answer 4

You are free to leave at any time

You do not have to remain to answer any questions

Question 5

When must the s23 rights / caution be given when using a specific power of search?

Answer 5

When you detain someone in order to exercise a specific power of search.

Question 6

What is most likely to happen if you fail to give a suspect their right / caution

Answer 6

Evidence may not be admissible I.e. an statement or drugs from a search
The case may get thrown out of court

Question 7

How and when should s24 apply / What is section 24 of the BOR Act 1990?
E P C W A O:
S B I P A I D O T N A C O T C; A
S H T R T C A I A L W D A I P A S A P

Answer 7

Every person charged with an offence:
Shall be informed promptly and in detail of the nature and cause of the charge; and
Shall have the right to consult and instruct a lawyer without delay and in private as soon as practicable.

Question 9

What is section 21 of the BOR Act 1990?

Answer 9

Every one has the right to be secure against unreasonable search and seizure, whether of the person, peppery, or correspondence or otherwise

Question 9

What is section 23 of the BOR Act 1990?

Answer 9

Rights of persons arrested

Question 10

What is section 22 of the BOR Act 1990?

Answer 10

Everyone has the right not to be arbitrarily arrested or detained