Bill of Rights Act 1990

Question 1

Define Section 21 of the Bill of Rights Act 1990.

Answer 1

Everyone has the right to be secure against search and seizure whether of the person, property or correspondence or otherwise.

Question 2

Define Section 22 of the Bill of Rights Act 1990.

Answer 2

Everyone has the right to not be arbitrarily arrested or detained.

Question 3

Define Section 23 of the Bill of Rights Act 1990.

Answer 3

• Shall be informed at the time of the arrest or detention of the reason for it.
• Shall have the right to consult and instruct a lawyer without delay and to be informed of that right.
• Shall be advised of the Validity of the arrest/detention and released if detention is not lawful.
• Everyone who has been arrested has the right to be charged promptly or to be released.
• Everyone who has been arrested shall be bought before the court as soon as possible.
• Everyone who has been arrested or detained shall have the right to refrain from making a statement and be advised of that right.
• Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

Question 4

Define Section 24 of the Bill of Rights Act 1990.

Answer 4

Everyone who is charged with an offence:

• Shall be informed promptly and in detain of the nature and cause if the charge.
• Shall be released on reasonable terms and conditions unless there is cause for continued detention.
• Shall have to right to speak with a lawyer.
• Shall have the right to adequate time and facilities to prepare a defence.
• Shall have the right to elect trail by jury when the penalty for the offence is or includes imprisonment for 2 years or more. Excludes military.
• Shall have the right to legal advice without cost.
• Shall have the right to a free interpreter.

Question 5

Define Section 25 of the Bill of Rights Act 1990.

Answer 5

Everyone who is charged has:

• The right to a fair and public hearing by and independent and impartial court.
• The right to be tried without undue delay.
• The right to be presumed innocent until proven guilty.
• The right not to be compelled to be witness or to confess guilt.
• The right to be present at a trail and prepare a defence.
• The right to examine the witness for the prosecution.
• The right if convicted of the offence to benefit the lesser penalty. (If varied between the commission of the offence and sentencing.
• The right if convicted to appeal to a higher court against the conviction or sentence.
• The right in the case of a child to be dealt with in a manner that takes into account the child’s age.