Bill of Rights 1990 Flashcards
What is section 21?
Unreasonable search and seizure:
-everyone has the right to be secure against unreasonable search or seizure, whether of the person, property or correspondence or otherwise.
What is section 22?
Everyone has the right not to be arbitrarily detained.
What is section 23?
Rights of persons arrested or detained:
-everyone who is arrested or who is detained must be given their rights and informed of those rights at the time of arrest
What is section 24?
Rights of persons charged:
-every person charged with an offence have certain rights and must be informed of those rights
When must you give the Rights Caution under Section 23?
As soon as they are detained or arrested, or are being questioned in relation to an offence.
What is meant by arbitrary detention?
Randomly/unlawfully.
What should you tell a suspect in order to avoid arbitrary detention?
- You are free to leave at any time
- You do not have to remain to answer any questions
When must Section 23 rights be given when using a specific search power?
As soon as you have advised them that they are being detained.
What is likely to happen if you fail to give a suspect their caution rights?
May result in the exclusion of any statement made by the offender or the dismissal of the case.
When would a search of a person or property be unreasonable?
Searches are unreasonable when they are executed:
- without, or in excess of, powers of authority
- in an unreasonable manner
- in bad faith
How and when should Section 24 apply?
When a suspect has been charged with an offence
