IN06 BILL OF RIGHTS ACT 1990

Question 1

Section 21 BOR

Answer 1

Every person should be secure against unreasonable search

and seizure of their person, property or correspondence.

Question 2

Section 22 BOR

Answer 2

Everyone is protected from arbitrary or random arrest or

detention.

Question 3

Section 23 BOR

Answer 3

People arrested or detained under any enactment have rights

and must be informed of those rights.

Question 4

Section 24 BOR

Answer 4

People charged with an offence have certain rights and must

be informed of their rights.

Question 5

Searches are unreasonable when they are executed:

Answer 5

without, or in excess of, powers or authority
• in an unreasonable manner
• in bad faith

Question 6

The three main forms of search consist of:

Answer 6

specific statutory search powers
• statutory search pursuant to arrest or detention
• consent searches.

Question 7

Statutory powers to search relate to situations where you are able to search
persons pursuant to an enactment. For example:

Answer 7

• Section 27 of the Search and Surveillance Act 2012 (power to search for
offensive weapons)
• Sections 21 and 22 of the Search and Surveillance Act 2012 (power to
search for drugs)
• Section 18 of the Search and Surveillance Act 2012 (power to search for
arms).

Question 8

Arbitrarily defenition

Answer 8

randomly; or in an unrestrained way; or unlawfully

Question 9

Detention for the purpose of questioning may be regarded as an arbitrary
detention if you do not say to the suspect the following:

Answer 9

1. “You are free to leave at any time” and

2. “You do not have to remain to answer any questions.”

Question 10

Rights of Persons Arrested or Detained

Answer 10

Everyone who is arrested or who is
detained under any enactment shall

be informed at the time of arrest or
detention of the reason for it
section 23(1)(a)
and
have the right to consult and instruct
a lawyer without delay and in private
and be informed of that right
section 23(1)(b)

have the right to refrain from
making a statement and be
informed of that right
section 23(4)

everyone deprived of liberty shall be treated with
humanity and respect for the inherent dignity of the person
section 23(5)

Question 11

What rights must you give to an arrested person?

Answer 11

− 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 12

When you advise someone they are being detained what rights must you give them?

Answer 12

− You are being detained under section ____ of the
_____________ Act or, you are being detained under
the _____________ Act

Question 13

Section 27 of the Search and Surveillance Act 2012

Answer 13

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 14

Sections 21 and 22 of the Search and Surveillance Act 2012

Answer 14

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 15

Section 18 of the Search and Surveillance Act 2012

Answer 15

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 16

Section 69(5) of the Land Transport Act 1998

Answer 16

which allows a constable

to detain a person for breath-testing purposes

Question 17

The Mental Health (Compulsory Assessment and Treatment) Act 1992

Answer 17

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

Question 18

Section 118 of the Search and Surveillance Act 2012

Answer 18

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

Question 19

Rights of Persons Charged

Answer 19

Every person charged with an offence:
shall be informed promptly and in
detail of the nature and cause of the
charge; and
shall have the right to consult and
instruct a lawyer without delay and
in private as soon as practicable.