Bill Of Rights Act 1990 Flashcards
What does S21 of the BOR act refer to?
Search and Seizure:
Everyone has the right to be secure from unreasonable search and seizure.
What does S22 of the BOR act refer to?
Arbitrary Detention:
Everyone has the right not to be arbitrary arrested or detained.
What does S23 of the BOR act refer to?
Right of a person arrested:
Recite the persons BORs.
What does S24 of the BOR act refer to?
Rights of a person when charged:
-the person charged must be informed of the charge and nature of charge.
-and their BORs again
When is a person deemed to be detained?
As soon as it is made clear to them that they can’t leave.
What is the difference between lawful and reasonable?
Example: it is reasonable to search someone if you have RGTB or RGTS that they have committed an offence, however it is not reasonable to strip searched them in front of a crowd of bystanders. Because they have committed a crime it is lawful to strip search them but unreasonable to do it in public.
