Bill of Rights Flashcards
What are the rights of a person charged?
Informed of reason Access to a lawyer Charged and released asap Court asap Treated with humanity and respect The right to remain silent Habeau Corpus
Describe important rules associated with the NZBORA
You can ask any person anything but must not lead them to believe that they must answer
Caution if sufficient
Caution after K9
Cannot detain a person for questioning
What was held in R v Goodwin?
The term of arrest and communicated intention, an arbitary arrest is unlawful, capricious, no discretion given or alternative resolution, being held for enquiries to be completed.
What are examples of when there maybe a short delay in affording rights to preserve evidence or to ensure personal safety?
- BST
- Vehicle stop 114
- 1V and hospital bloods
- 4X and securing or excluding people.
What key elements are required regarding right to waiver a lawyer?
When they advise clearly, conciously and voluntarily with the full knowledge of their right to consult a lawyer (CCV FK).
What is a seizure?
Removing something from the possession of someone else.
When is a search unreasonable?
A search is unreasonable when the circumstances giving rise to it make the search unreasonable it the search os carried out in an unreasonale manner.
What is an unlawful search?
Unlawful searches will always be unreasonable and breach section 21. However, a search undertaken in good faith may not be unreasonable. The usual remedy for an unreasonable seach is section 30 EA 2008.
What was held in R v Mallinson?
The rights should lead that the suspect understands the positon. Without delay is not synonmous with instantly or immediately.
It is police who need to ensure the whole rights are conveyed in a manner open to understanding R v Hina.
What was held in R v Tunui?
Sometimes the defendant may need to be informed more than once of their BOR.
What was found in R v Grant?
That if the defendant is given the rights in writing then the act is complied with, there is not need to give rights verbally rather than writing.
What was held in R v Ormsby?
There is no absolute prohibition on police questioning a suspect who has received legal advice…the interviewing officer can continue the interview once the suspect has consulted…the court will decide whether any elicited evidence is admissable or not.
What are justified limitations to a defendant being released or charged promptly in R v Rogers?
Matters such as processing, obtained legal advice and other police emergencies are justified limitations R v Rogers…
When can privacy be overidden regarding right to privacy R v Piper refers (Piper private)
R v Piper, it was not safe to leave the defendant because there was a risk the appallent would try and dispose any evidence and warn others, a suspect might also not require privacy.
What should police do when rights are requested?
If a suspect indicates a desire to exercise their rights police are under duty to refrain from attempting to elicit evidence until they have spoken to their counsel; MOT v Noort & Police v Curran.
However R v Ormsby found that there is no absolute prohibition…after consultation with counsel.
