BOR + Victims + Practice Notes

Question 1

Bill of Rights 1990

Section 21

Answer 1

Every person should be secure against unreasonable Search and Seizure.

Question 2

Bill of Rights 1990

Section 22

Answer 2

Every person is protected from arbitrary or random arrest or detention.
“You are free to leave at any time”

Question 3

Bill of Rights 1990

Section 23

Answer 3

People arrested or detained have rights and must be informed of those rights.

Question 4

Bill of Rights 1990

Section 24

Answer 4

People charges with an offence have certain rights and must be informed of their rights.

Question 5

Bill of Rights 1990

Section 9

Answer 5

Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately sever treatment or punishment.

Question 6

Victims Rights Act 2002

Section 7

Answer 6

Victims should be treated with courtesy, compassion and respect.

Question 7

Victims Rights Act 2002

Section 8

Answer 7

Victims/Families should have access to:

1. Welfare
2. Health
3. Counselling
4. Medical assistance
5. Legal assistance

Question 8

Victims Rights Act 2002

Section 11

Answer 8

Police/courts/health and social services should inform victims as soon as practicable of the programmes, services and remedies available to them.

Question 9

Victims Rights Act 2002

Section 12

Answer 9

Prosecuting authority must keep victims up to date with:

1. The progress
2. Charges filed
3. Date and location of proceedings
4. Role of victim as a witness
5. Outcome of any proceedings

Question 10

Victims Rights Act 2002

Section 51

Answer 10

Requires the prompt return of a persons property held for evidential purposes as soon as possible after is is no longer required.

Question 11

Victims Rights Act 2002

Principle

Answer 11

Treat victims as you would expect to be treated.

Question 12

Practice Note on Police Questioning

Note 1

Answer 12

A police officer can question anybody, however the person spoken to cannot be compelled to answer.

Question 13

Practice Note on Police Questioning

Note 2

Answer 13

When there is sufficient evidence to charge a person/already in custody, police must give that person their caution rights before making a statement or answering any questions.

Question 14

Practice Note on Police Questioning

Note 3

Answer 14

Questions of a person in custody, or if there is sufficient evidence to charge them, must not amount to cross-examination.

Question 15

Practice Note on Police Questioning

Note 4

Answer 15

When questioned about statements made by other people or evidence, the substance of those statements or nature of the evidence must be fairly explained.

Question 16

Practice Note on Police Questioning

Note 5

Answer 16

Any statement should be recorded by video unless impracticable to do so, or they decline. It must then be recorded permanently on audio tape or writing.
“I have read this statement and it is true and correct”
Each page signed by the maker.