Bill of Rights Act 1990 Flashcards
What right do people have under Section 21 Bill of Rights Act 1990?
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise
When is a search or seizure unreasonable?
When executed…..
- Without, or in excess of, powers of authority
- unreasonable manner
- in bad faith
What was the outcome of R v Pratt and why was the search unreasonable?
Keys found during the search were ruled inadmissible as evidence in Court.
Search unreasonable as the strip search was done in broad daylight in full view of the public.
What are the three kinds of searches?
- Specific statutory search powers
- Statutory search pursuant to arrest or detention
- Consent searches
3 examples of specific statutory search powers are…?
- Power to search for offensive weapons (S. 27)
- Power to search for drugs (S. 21+22)
- Power to search for arms (S. 18)
What is a search pursuant to arrest or detention?
Power to search persons after they have been arrested or detained, i.e. custody searches > SS. 85 + 88
What right do people have under Section 22 Bill of Rights Act 1990?
Everyone has the right not to be arbitrarily arrested or detained
What does arbitrarily mean?
Randomly, unrestrained or unlawfully
What would you need to inform someone you are questioning so it isn’t regarded as arbitrary detention?
- You are free to leave at anytime
- You do not have to remain to answer any questions
What right do people have under Section 23 Bill of Rights Act 1990?
-Rights Caution-
You have the right to remain silent…
You do not have to make any statement…
Anything you say will be recorded and may be used in evidence in court…
You have the right to speak with a lawyer without delay and in private before deciding to answer any questions…
Police have a list of lawyers you may speak to for free
What reasons would we be entitled to supervise a conversation between a suspect/offender and their lawyer?
Drunk
Aggressive
Danger to themselves
May discuss destroying evidence with an accomplice
What reasons would you have to delay a suspect contacting a lawyer until the search is completed?
- Ensure safety
- Control the situation
- Locate and secure evidence
What right do people have under Section 24 Bill of Rights Act 1990?
Every person charged with an offence…
Shall be informed promptly and in detail of the nature and cause of the charge; and…
Shall have the right to consult and instruct a lawyer without delay and in private as soon as practicable
What is the difference between lawful and reasonable?
Lawful is based on an Act or specific section whereas Reasonable is rational and appropriate.
Which purposes may consent searches be undertaken
- To prevent the commission of an offence
- To protect life or property or prevent injury or harm
- To investigate whether an offence has been committed
- any purpose in respect of which the enforcement officer could exercise a power of search conferred by an enactment if he or she held a particular belief or suspicion specified in the enactment.
