Section 22, 23, 24 Flashcards
Does a person need to be physically deprived of their liberty to be detained?
No a person may be detained in circumstances where
- Person is require do attend a particular place or remain in a particular place and non compliance is subject to a penalty
- Words or conduct of the enforcement officer provides a reasonable belief hat the person is not free to leave
Are the perceptions of an individual about detention sufficient without some outward manifestation of intent to detain, to find the person was detained?
No, some overt or positive action has to be taken by an enforcement officer to qualify he situation as arbitrary detention
When does lawful detention become arbitrary?
When the original reasons for the detention are no longer valid and the Denton ceases to be justifiable
When does an arrest occur for the purposes of the Bill of Rights Act?
- A clear and unequivocal statement or action by law enforcement officer making it clear they want to detain the individual
- The officer is acting under legal authority
Is detaining someone for the purpose of questioning about the commission of an offence likely to result in the detention being found to be arbitrary?
Yes
What is arbitrary detention?
Detention without lawful basis (arbitrary arrests will amount to arbitrary detentions)
What must a remand in custody be to avoid arbitrariness?
Not only lawful but reasonable and necessary
Is detention for the purpose of breath/ alcohol testing subject to any express time limit?
No, but it should not last longer than is reasonable in light of the statutory purpose
What is the issue when an officer prolonged the defendant s detention in order to effects secondary purpose of his own?
Reasonableness
When is delay less likely to render detention arbitrary ?
Where there is no evidence the defendant was prejudiced by the delay
If the Bill of Rights is given at an early stage, will section 22 of the Bill of Rights Act still be breached if the detention is later found to have been arbitrary?
Yes
Does an offender need to be warned of the likelyhood of arrest if they persist in their conduct( Refusing to accompany for EBA)?
No
Will a arbitrary detention lead to the exclusion of evidence obtained via the breach?
Where there is no causal link between the breach and the evidence obtained, the evidence may still be admissible.
Is detaining someone for the purpose of questioning about the commission of an offence likely to result in the detention being found to be arbitrary?
Yes
What is arbitrary detention?
Detention without lawful basis (arbitrary arrests will amount to arbitrary detentions)
