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Flashcards in Bill of Rights Deck (19)
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1
Q

What are the rights of minorities

A

To enjoy the culture to profess and practice the religion or to use the language of that minority

2
Q

Section 23 what are the rights of persons arrested or detained

A

Advised of the reason consult and instructor lawyer habeas corpus charged promptly brought before a court asap refrain from making a statement treated with humanity

3
Q

Section 24 what are the rights of persons charged

A

Informed of the nature and cause released unless there is just cause for continued detention consult and instruct a lawyer opportunity to prepare a defence trial by jury two years or more free legal assistance free interpreter

4
Q

Case law Brooker v police freedom of expression

A

Short protest good humour during the daytime public unaware no disturbance of public order

5
Q

Case law Morse v police burning the New Zealand flag

A

It is not sufficient that others present are offended if public order is not disrupted the section is not concerned with offending others but with provoking disorder

6
Q

Police v Beggs 300 students at Parliament

A

Trespass must be reasonable were actions disorderly were others affected how long was the protest

7
Q

R v Williams can an unlawful search be found to be reasonable under the bill of rights act

A

An unlawful search or seizure will be unreasonable and in breach of section 21 except where the error is minor or technical and the error is not noticed before the search or seizure is undertaken

8
Q

Falwasser v AG flawed strategy to remove a prisoner from his cell

A

Treatment was inhumane but not torture as it was not deliberate or reckless process later use minimum force inconvenience will not excuse excess force

9
Q

Hewitt v AG domestic incident initial implied license to enter subsequent entry using key provided by lawful occupier

A

A failure to consider the discretion to arrest was unlawful and arbitrary under section 22

10
Q

Neilson v AG claim for unlawfully arrested and detention and for arbitrary arrest

A

Found unlawful due to time delay no criminal history no evidence of possible further offences and no need for fingerprints. Consider prevention first and alternative resolutions

11
Q

TENR threat

A

Assess the threat severity of offence intent warning accomplices intimidating witnesses further offences likelihood of absconding and the physical environment of the scene

12
Q

TENR exposure

A

Assess the exposure safety of police and public and the risk of retaliation or intimidation by co offenders

13
Q

TENR necessity

A

What is the necessity to act how serious is the offence will arrest stop the offence what support groups are there arrest for family violence except in exceptional circumstances

14
Q

TENR response

A

Develop a response is a more detailed investigation required or is prompt action required to prevent further loss of life or injury are there sufficient police resources available

15
Q

What are the alternatives to arrest and when should they be used

A

Summons for minor offences not punishable by imprisonment or warning caution counselling or referral for minor behaviour offences language offences and minor drug offences

16
Q

R v Briggs arrest for an assault within prison

A

Officers have discretion whether to arrest and can arrest under the direction of an immediate supervisor without an independent consideration of discretion

17
Q

R v Ormsby questioning of suspect who had spoken to a lawyer and said he did not want to make a statement

A

There is no absolute prohibition on questioning a suspect who has received legal advice is to remain silent however conduct must not be overbearing or coercive and questioning must not be persistent

18
Q

R v Williams who’s lawyer sent a fax saying he wished to remain silent and elected not to make a statement

A

Police should not enter into an agreement not to talk to a suspect and inform the lawyer they are not able to enter into undertakings it is the suspects right to remain silent and not the lawyers

19
Q

What right does section 9 give

A

Not to be subjected to torture or to cruel, degrading or disproportionately severe treatment or punishment