Bill of Rights Flashcards
Define Detain
Detain people for the purposes of a search and/or interview
Section 21
Every person should be secure against unreasonable search and seizure of their person, property or correspondence.
Section 22
Everyone is protected from arbitrary or random arrest or detention
Section 23
People arrested or detained under any enactment have rights and must be informed of those rights
Section 24
People charged with an offence have certain rights and must be informed of their rights
Bill of Rights
You are under arrest / being detained for…
You have the right to remain silent
You do not have to make a statement
Anything you say will be recorded and may be given in evidence in court
You have the right to speak to a lawyer without delay and in private before deciding to answer any questions
Police have a list of lawyers you make speak to for free
(Do you understand?)
Practice Note 1
A police officer can question anybody, however, the person spoken to cannot be compelled to answer
Practice Note 2
When a member of police has sufficient evidence to charge a person with an offence or seeks to question the person. The person must be cautioned before making a statement or answer questions (Bill of Rights)
Practice Note 3
Cross-examination
- A person already in custody must not be questioned unless they have been cautioned.
- Asking the same questions is cross examination.
Practice Note 4
When a suspect is questioned about statements made by others the substance of allegations must be put to the subject and to avoid misrepresenting the truth:
- read relevant excerpts from the statement to the subject or accurately summarise the statement
Practice Note 5
The person making the statement must be given the opportunity to review the tape/DVD or written statement or to have it read over to:
- correct any errors or add anything further
- confirm what is in the statement
