IN06 - BILL OF RIGHTS ACT 1990

Question 1

What are the SECTION 23 BOR caution rights?

Answer 1

• You are under arrest for (state an offence).
• 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 with a lawyer without delay
  and in private before deciding whether to answer any
  questions.
• Police have a list of lawyers you may speak to for free.

Question 2

What happens if you fail to advise suspects of their section 23 rights, or inform suspects that they are free to go ?

Answer 2

Then a state of arbitrary detention may exist and you run a very real risk that the statement you obtained from a suspect will be ruled inadmissible in court.

Question 3

Section 27 of the Search and Surveillance Act 2012?

Answer 3

Gives the police the power to detain and search people for offensive weapons where the constable has reasonable grounds to suspect the person is in possession of an offensive weapon.

Question 4

Sections 21 and 22 of the Search and Surveillance Act 2012 ?

Answer 4

Give the police the power to detain and search people for drugs where the constable has reasonable grounds to believe the person is in possession of drugs.

Question 5

Section 18 of the Search and Surveillance Act 2012 ?

Answer 5

Gives the police the power to detain and search people for firearms where the constable has reasonable grounds to suspect the person is in possession of a firearm.

Question 6

Section 69(5) of the Land Transport Act 1998 ?

Answer 6

Allows a constable to detain a person for breath-testing purposes.

Question 7

The Mental Health (Compulsory Assessment and Treatment) Act 1992 ?

Answer 7

Gives a constable the right to help detain a person for assessment purposes.

Question 8

Section 118 of the Search and Surveillance Act 2012 ?

Answer 8

Allows a constable to detain people at a search scene to determine their connection to the objective of the search.

Question 9

Section 21 BOR?

Answer 9

Everyone has the right to be secure against unreasonable search and seizure of their person, property etc

Question 10

Section 22 BOR?

Answer 10

Everyone has the right not to be arbitrarily arrested or detained.

Question 11

Section 23 BOR?

Answer 11

Person detained must be fairly informed of their rights in a timely manner.

Question 12

Section 24 BOR?

Answer 12

When person charged they must be advised of nature of charge AND given access to a lawyer.