Procudural

Question 1

Name and discuss the scope of procedural rights protected in the criminal justice system by the BORA 1990

Answer 1

‘Scope’ opportunists or possibility to do or deal with something

1) right to be subject to unreasonable search or seizure
- was there a search or seizure
- was it reasonable

Scope
Must be for purpose of search and survalance
Must have consent -real reason to breathe

Remedies

• deflation of rights (judicial review)
• return sized items
• sentence reduction

Search and detained
-informed -what they did - punishment
Timely manner
-consult lawyer

Double jeopardy

• law made the day after can’t be charged
• no one can be convicted for an offence of the exact same fact base

Question 2

Discuss how the breach of the procedural rights during the pre trial and the trial stages of a criminal case can negatively affect the trial and sentencing of an accused

Answer 2

Double jeopardy

Question 3

Articulate why the protection of procedural rights is so important in the CJ system quest for justice

Answer 3

Ensures no one is Faust convinced
Interrelated w other rights
State values contribution.

Everyone charged w a criminal offence

1) right to trial and jury
2) legal assistance
3) free assistance

Question 4

Everyone has the right to be secure against unreasonable search and seizure whether of the person, property or correspondence or otherwise

Under what act

Answer 4

Search and surveillance act 2012

Question 5

Common activities that are searches under the search and surveillance act 2012 include

Answer 5

Entry into and inspection of buildings, enclosed spaces or vehicles

Physical examination of a person

Taking bodily samples

Internal examination of personal property

Question 6

Definition of seizure

Answer 6

The removing of something from the possession of someone else