7.4 - powers and rights Flashcards
(8 cards)
what are some institutional powers for being arrested by the police
ensure that the offender appears in court, preserve public order, arrest without a warrant, ensure the safety and welfare of the public or the offender
what are some individual rights for being arrest by the police
must be informed for the reason of arrest at the time, don’t have to say anything when arrested, must be promptly brought before court and right to trial without unreasonable delay
what are some institutional powers for being questioned by the police
the right to question the accused within reasonable time
what are some individual rights for being questioned by the police
informed that they do not have to do or say anything, right to interpreter, do not need to respond to any questions, informed that they can communicate with a friend or family and a lawyer
what are some institutional powers for court proceedings
commence criminal action against an accused for the purpose of determining whether a person is guilty of committing an offence and to sentence the offender for their actions, team that forms prosecution has power to prepare the case speak with witness obtain evidence and negotiate with the accused
what are some individual rights for court proceedings
have the charge or proceeding decided by a competent, independent and impartial court, be presumed innocent until proven guilty, have adequate time and facilities to prepare a defence, be informed promptly and in detail about the nature of and reason for charge
what are some institutional powers for imprisonment of the offender
prison officers: power to search and examine any person, seize unauthorised goods, arrange for medical tests for alcohol and drugs
what are some individual rights for imprisonment of the offender
right to be in open air for at least an hour each day, right to be provided with adequate food, right to practice religion, right to access reasonable medical acre and treatment
