Bill of Rights Flashcards
What year is in the title of this act?
1990
What does Section 21 refer to?
Everyone has the right to be secure against unreasonable search and seizure, whether of the person, property, or correspondence or otherwise
What does Section 22 refer to?
Everyone has the right not to be arbitrarily arrested or detained
What does Section 23 refer to?
Rights of Person Arrested or Detained
What does Section 24 refer to?
Rights of Persons Charged
What was the outcome of R v Pratt (1994)?
Evidence from the strip search was exclude as the search conducted breached section 21 of the BOR as it was deemed “unreasonable”
At what point is a person deemed to be detained?
When the person being detained believes that they are not free to leave and have been given their rights
What are the rights you that must be given to a person who is under arrest?
” You are under arrest for (state an offence)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”
What must you say to a person who has been detained?
” You are being detained under section of the _______Act or, you are being detained under the Act _______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”