Bill of Rights

Question 1

What are the rights of minorities

Answer 1

To enjoy the culture to profess and practice the religion or to use the language of that minority

Question 2

Section 23 what are the rights of persons arrested or detained

Answer 2

Advised of the reason consult and instructor lawyer habeas corpus charged promptly brought before a court asap refrain from making a statement treated with humanity

Question 3

Section 24 what are the rights of persons charged

Answer 3

Informed of the nature and cause released unless there is just cause for continued detention consult and instruct a lawyer opportunity to prepare a defence trial by jury two years or more free legal assistance free interpreter

Question 4

Case law Brooker v police freedom of expression

Answer 4

Short protest good humour during the daytime public unaware no disturbance of public order

Question 5

Case law Morse v police burning the New Zealand flag

Answer 5

It is not sufficient that others present are offended if public order is not disrupted the section is not concerned with offending others but with provoking disorder

Question 6

Police v Beggs 300 students at Parliament

Answer 6

Trespass must be reasonable were actions disorderly were others affected how long was the protest

Question 7

R v Williams can an unlawful search be found to be reasonable under the bill of rights act

Answer 7

An unlawful search or seizure will be unreasonable and in breach of section 21 except where the error is minor or technical and the error is not noticed before the search or seizure is undertaken

Question 8

Falwasser v AG flawed strategy to remove a prisoner from his cell

Answer 8

Treatment was inhumane but not torture as it was not deliberate or reckless process later use minimum force inconvenience will not excuse excess force

Question 9

Hewitt v AG domestic incident initial implied license to enter subsequent entry using key provided by lawful occupier

Answer 9

A failure to consider the discretion to arrest was unlawful and arbitrary under section 22

Question 10

Neilson v AG claim for unlawfully arrested and detention and for arbitrary arrest

Answer 10

Found unlawful due to time delay no criminal history no evidence of possible further offences and no need for fingerprints. Consider prevention first and alternative resolutions

Question 11

TENR threat

Answer 11

Assess the threat severity of offence intent warning accomplices intimidating witnesses further offences likelihood of absconding and the physical environment of the scene

Question 12

TENR exposure

Answer 12

Assess the exposure safety of police and public and the risk of retaliation or intimidation by co offenders

Question 13

TENR necessity

Answer 13

What is the necessity to act how serious is the offence will arrest stop the offence what support groups are there arrest for family violence except in exceptional circumstances

Question 14

TENR response

Answer 14

Develop a response is a more detailed investigation required or is prompt action required to prevent further loss of life or injury are there sufficient police resources available

Question 15

What are the alternatives to arrest and when should they be used

Answer 15

Summons for minor offences not punishable by imprisonment or warning caution counselling or referral for minor behaviour offences language offences and minor drug offences

Question 16

R v Briggs arrest for an assault within prison

Answer 16

Officers have discretion whether to arrest and can arrest under the direction of an immediate supervisor without an independent consideration of discretion

Question 17

R v Ormsby questioning of suspect who had spoken to a lawyer and said he did not want to make a statement

Answer 17

There is no absolute prohibition on questioning a suspect who has received legal advice is to remain silent however conduct must not be overbearing or coercive and questioning must not be persistent

Question 18

R v Williams who’s lawyer sent a fax saying he wished to remain silent and elected not to make a statement

Answer 18

Police should not enter into an agreement not to talk to a suspect and inform the lawyer they are not able to enter into undertakings it is the suspects right to remain silent and not the lawyers

Question 19

What right does section 9 give

Answer 19

Not to be subjected to torture or to cruel, degrading or disproportionately severe treatment or punishment