BOR Flashcards
Police have no power to detain a suspect for questioning without arrest or lawful detention
True
If a person is arrested for an offence you cannot interview them because they must appear before the courts ASAP
False
You can arrest a person for the purpose of interviewing them to gather further information
False, must have sufficient evidence to arrest
An informant tells you a man is party to recent offending. You tell the man you have information that suggests he’s is involved and you want to interview him. He denies involvement but agrees to interview to clear his name. During interview he admits to his involvement and changes his mind about interview.
Should he have been given his rights when he changed his mind
Yes
An informant tells you a man is party to recent offending. You tell the man you have information that suggests he’s is involved and you want to interview him. He denies involvement but agrees to interview to clear his name. During interview he admits to his involvement and changes his mind about interview.
Can he refuse video/audio record?
Yes
An informant tells you a man is party to recent offending. You tell the man you have information that suggests he’s is involved and you want to interview him. He denies involvement but agrees to interview to clear his name. During interview he admits to his involvement and changes his mind about interview.
Should he have been cautioned at the start of interview
No
Section 22 of BOR 1990 deals with the rights of a person who has been arrested or detained.
Match descriptions to definitions.
When a person is detained under enactment. Eg 202b crimes act and exercises right to silence.
Lawful detention
Arrest
Arbitrary detention
Lawful detention
Section 22 of BOR 1990 deals with the rights of a person who has been arrested or detained.
Match descriptions to definitions.
When a person in authority uses that authority to restrict the movement of another
Lawful detention
Arrest
Arbitrary detention
Arrest
Section 22 of BOR 1990 deals with the rights of a person who has been arrested or detained.
Match descriptions to definitions.
When a person is detained for questioning without understanding they are free to leave.
Lawful detention
Arrest
Arbitrary detention
Arbitrary detention
The meaning of arbitrary detention.
When words or conduct of an officer cause a person to believe that he or she is not free to go.
When an officer tells a person in no uncertain words or conduct that they are not free to go
When words or conduct of an officer cause a reasonable person to believe that they are not free to go
When words or conduct of an officer cause a person to believe that he or she is not free to go
Police may interview a person in custody when
Words of arrest are spoken and the person is formally cautioned
Words if arrest are spoken and the person is held in the cells
Words of arrest are spoken and physical touch clearly signals the person is not free
Words of arrest are spoken and physical touch clearly signals the person is not free
Under section 24 of BOR a person shall be released on reasonable terms and conditions unless there is just cause for detention. Who does this apply?
A person arrested for an offence and is awaiting interview?
A person charged with an offence and processed accordingly
A person for whom there is sufficient evidence to charge
A person charged with an offence and processed accordingly
