Chapter 4: Search and Surveillance Act 2012 and BORA Flashcards
s11 Police custody
searching people who are, or are to be locked up in police custody
- can take any money or property
- may be used before they are locked up
Search Warrants
Any constable can apply
Reasonable grounds
- to suspect an offence punishable by imprisonment has been committed or will be.
- to believe that the search will find evidential material in respect of the offence in the place, vehicle
* supervisors approval required before applying (written)
Power to secure scenes
If a SW is pending you may, enter and secure the place, vehicle or other thing and secure any items found and direct any person to assist with the entry or securing of items. if you believe that EM may be destroyed, concealed, altered or destroyed before a decision is made with the SW
until - 6hrs, warrant becomes available, or refused
Section 21 - Unreasonable search and seizure (BORA 1990)
Everyone has the right to be secure against unreasonable search or seizure
Section 22 - Liberty of the person (BORA 1990)
Everyone has the right not to be arbitrarily arrested or detained
Section 23 -Rights of persons arrested and detained (BORA 1990)
Everyone who is arrested or detained
- informed at the time reasons for the arrest/detain
- right to consult or instruct a lawyer
- to have validity of the arrest or detention
Section 24 - Rights of persons charged (BORA 1990)
- informed promptly and in detail of the nature and cause of the charge
- released on reasonable terms and conditions
consult and instruct a lawyer - adequate time and facilities to prepare a defence
Section 25 - Minimum standards of criminal procedures (BORA 1990)
- Fair and public hearing
- tried without undue delay
- presumed innocent
- present at trail and to present a defence
Bill or Rights
Affirm, protect and promote human rights and fundamental freedoms
- ensure rights are understood. repeat if need be.
