Bill Of Rights Act 1990 Flashcards
section 21
unreasonable search and seizure
everyone has the right to be secure against unreasonble search or seizure, whether of the person, property, or correspondance to themselves
section 22
liberty of the person
everyone has the right not to be arbitrarily arrested or detained (randomly)
section 23
rights of person arrested
everyone who is arrested or detained:
must be told the truth.
Has the right to consult lawyer.
Has right to question validility of the arrest and Released if it isnt lawful.
For any offence can refrain from making statement.
Charged promotly or released.
section 24
rights of person charged
be informed promptly and reason of charge
be released on reasonable conditions unless good cause for continued detention.
have the right to consult lawyer
have the right to adequate time to prepare a defence
have the right to trial by dury for any offence with a max 2 year imprisonment except under militry law
right to free legal assistance
right to interpretor
section 9
right not to be subjected to torture or cruel treatment
power of arrest
SOA
39(1)
Good cause to suspect - has committed an offence.
39(2)
within view of public place urinates
power of arrest
CA
315(2)(a)
He finds - any person (1R) or committing an offence
315(2)(b)
good cause to suspect having committed an offence punishable by imprisonment