Bill or Rights Act 1990

Question 1

What does Section 21 of the Bill or Rights Act 1990 refer to?

Answer 1

Search and Seizure

Question 2

Name the three occasions when a search of a person or vehicle is permitted under the Bill of Rights Act 1990.

Answer 2

Specific statutory search powers, e.g Search and Surveillance Act 2012

Statutory search pursuant to arrest or detention

Consent search

Question 3

What does Section 22 of the Bill of Rights Act 1990 refer to?

Answer 3

Arbitrary Detention - Police cannot hold someone unless that person has been arrested, detained or is subject to a specific statutory search power.

Question 4

What does Section 23 of the Bill of Rights Act 1990 refer to?

Answer 4

Rights of a person arrested - Rights Caution

Question 5

What must you do immediately after an arrest or detention?

Answer 5

Read them their rights caution immediately.

If the person is detained under a specific statutory search power then you must explain the Act and section.

Question 6

What is the Rights Caution?

Answer 6

You have been arrested/detained for ……

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 to a lawyer without delay and in private, before deciding to answer any questions.

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