Bill Of Rights Act Flashcards
Section 21 of the Bill of Rights Act 1990
Unreasonable search and seizure:
Everyone has the right to be secure against unreasonable search and/or seizure, whether of the person, property, correspondence of otherwise.
Section 22, Bill Of Rights Act 1990
Liberty of the person:
Everyone has the right not to be arbitrarily arrested or detained.
Section 23, Bill of Rights Act 1990
Rights of Persons Arrested or Detained:
Everyone who is arrested or detained;
- Must be told of the reason at the time
- Has the right to consult a lawyer without delay and has must be informed of that
- Has the right to question the validity of the arrest/detainment by habeas corpus without delay and to be released if it isn’t lawful
- For any offence whether suspected, or actually can refrain from making a statement they must be informed of that.
Section 24, Bill of Rights Act 1990
Everyone who is charged with an offence shall;
- be informed promptly the nature and reason of the charge
- be released on reasonable conditions unless there is good cause for continued detention
- have the right to consult a lawyer
- have the right to adequate time to prepare a defence
- have the right to trial by jury for any offence with a maximum penalty of 2yrs or more, except when under military law
- have the right to free legal assistance if they cant afford a lawyer and a lawyer is necessary
- have the right to have an interpreter if they cant understand or speak the language used in court.