Special Warnings

Question 1

For sec 36 must it be reasonably believed that the items presence may be an attribute to the suspects participation in an offence..

Answer 1

Yes

Question 2

Is it necessary to prove that they knew they had it with them - sec 36

Answer 2

No

Question 3

Sec 36 - if a person is arrested by a constable and there is found on his person or in his clothing/footwear in the place and at the time of the persons arrest any -

Answer 3

Object
Mark
Substance
Or mark on any object

Question 4

For sec 36 - does the object have to be found at the time of arrest ?

Answer 4

No

Question 5

Sec 37. Where a person arrested by a constable was found by him at a place at or about the time the offence for which he was arrested is alleged to have been committed and

Answer 5

The constable investigating the offence reasonably believes that the persons presence there was an attribute to their participation in the offence

Question 6

For sec 36 can the person be asked to account for the presence of such item/mark

Answer 6

Yes