Bill of Rights Act 1990

Question 1

Section 21, Bill of Rights Act 1990

Answer 1

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

Question 2

Section 22, Bill of Rights Act 1990

Answer 2

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

Question 3

Section 23, Bill of Rights Act 1990

Answer 3

Rights of persons arrested or detained
(1)
Everyone who is arrested or who is detained under any enactment—
(a)
shall be informed at the time of the arrest or detention of the reason for it; and
(b)
shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
(c)
shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
(2)
Everyone who is arrested for an offence has the right to be charged promptly or to be released.
(3)
Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.
(4)
Everyone who is—
(a)
arrested; or
(b)
detained under any enactment—
for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.

(5)
Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

Question 4

Section 24, Bill of Rights Act 1990

Answer 4

Rights of persons charged
Everyone who is charged with an offence—
(a)
shall be informed promptly and in detail of the nature and cause of the charge; and
(b)
shall be released on reasonable terms and conditions unless there is just cause for continued detention; and
(c)
shall have the right to consult and instruct a lawyer; and
(d)
shall have the right to adequate time and facilities to prepare a defence; and
(e)
shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more; and
(f)
shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and
(g)
shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.

Question 5

Adult caution rights

Question 6

Child/young person caution rights

Answer 6

You have the right to remain silent.

You do not have to make any statement or answer any questions.

If you agree to make a statement and/or answer any questions you can change your mind and stop at any time.

Anything you say will be recorded and may be given in evidence in court - this means if you are taken to court for (offence) what you say to me may be retold to the judge or jury.

You have the right to speak with a lawyer or any person nominated by you or both without delay and in private before deciding whether to make any statement or answer any questions.

You have the right to have your lawyer or nominated person or both with you while you make any statement or answer any questions.

Police have a list of lawyers you may speak to for free.

“Please explain to me in your own words what this means to you” after every line.