BILL OF RIGHTS ACT 1990

Question 1

Police Functions and Powers

Answer 1

Four sections in the Bill of Rights have particular relevance for the police.
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.

Question 2

Three kinds of

search

Answer 2

The three main forms of search consist of:
specific statutory search powers
statutory search pursuant to arrest or detention
consent searches.

Question 3

Arbitrary Detention: Section 22

Answer 3

Everyone has the right not to be

arbitrarily arrested or detained

Question 4

Rights of Persons Arrested or Detained: Section 23

Answer 4

THEN you MUST SAY.
You are under arrest for (state an offence).
You have the right to remain silent.
You do not have to make any statement.
Anything you say will be recorded and may be given in
evidence in court.
You have the right to speak with a lawyer without delay
and in private before deciding whether to answer any
questions.
Police have a list of lawyers you may speak to for free.

Question 5

Search and Seizure: Section 21

Answer 5

Every one has the right to be secure
against unreasonable search and seizure,
whether of the person, property, or
correspondence or otherwise

Question 6

Legal Justification of USE OF FORCE

Answer 6

Section 39, Crime ACT 1961
Gives a constable or other person the power to use force in making an arrest.

Section 40,
Gives authority for police to use force to stop a person escaping.

Section 42,
Allows anyone to use reasonable force to prevent a breach of the peace.

Section 48,
Allows anyone to use as much force as is reasonable in defence of himself
herself or another person.

Section 62 of the Crimes Act states that:
Everyone authorised by law to use force is criminally responsible
for any excess, according to the nature and quality of the
act that constitutes the excess.

Question 7

Assault Elements

Answer 7

• direct application of force
• indirect assault
• transferred malice
• conditional assault