Managing Suspects And Offenders

Question 1

What is the oppression rule?

Answer 1

Once an evidential foundation is established to raise the issue whether statement was influenced by oppression, requires the prosecution to satisfy judge BEYOND REASONABLE DOUBT that it was not…

Question 2

What is the reliability rule?

Answer 2

Once an evidential foundation is established to raise the issue whether statement is reliable, requires the prosecution to satisfy judge BALANCE OF PROBABILITIES that in the circumstances it was made, did not affect its reliability

Question 3

A statement is

Answer 3

A) Spoken or written assertion

B) Non verbal conduct intended as an assertion

Question 4

What is improperly obtained evidence?

Answer 4

Once an evidential foundation is established to raise the issue whether evidence was improperly obtained, requires the prosecution to satisfy judge BALANCE OF PROBABILITIES that it was not AND determine if it’s exclusion is proportionate to the impropriety.

Question 5

Sec42. Preventing breach of peace

Answer 5

Anyone who witnesses can interfere to prevent its continuance or renewal, detain in order to hand over to a Constable.

Question 6

Sec25: Minimal standards of criminal procedure

Answer 6

….the right not to be compelled to be a witness or to confess guilt.
….the right to be present at trial and to present a defence
….the right (of a child) to be dealt with in a manner that takes account of age

Question 7

Freedom of expression

Answer 7

Is limited by criminal and civil law

Eg: offensive behavior, breach of peace, hate speech, defamation…