Bill of Rights Act 1990 Flashcards
1
Q
S.21
A
Unreasonable search and seizure
- Everyone has the right to be secure against unreasonable search and seizure of their person, property and correspondence
2
Q
S.22
A
Arbitrary Arrest
- Everyone is protected from arbitrary/random arrest or detention.
3
Q
What must you ADVISE to avoid arbitrarily detaining a person where no legal powers exist?
A
- ‘You are free to leave at any time’
- ‘You do not have to remain to answer any questions’
4
Q
What does ‘arbitrary arrest mean?
A
The unlawful detention or arrest of a person
5
Q
S.23
A
Rights of persons arrested or detained must be informed at the time of arrest/detention and the reason for it
- You are under arrest/detained for…….OR
- I am speaking to you about……
- 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
6
Q
S.24
A
Every person charged with an offence must be informed of the nature and cause of the charge and have a right to consult with a lawyer without delay and in private
