Bill of Rights Act 1990 Flashcards
What is the title of Section 21?
Search and Seizure
Searches are unreasonable when they are executed in?
- Without, or in excess of, powers of authority
- In an unreasonable manner
- In bad faith
What is the title of Section 22?
Arbitrary Dentention
The definition of Arbitrarily
Meaning randomly; or in an unrestrained way; or unlawfully
Without any reason
The paragraph in Section 22 reads
Everyone has the right not to be arbitrarily arrested or detained
What two things should officers always tell a suspect who has accompanied them for questioning?
“You are free to leave at any time.”
“ You do not have to remain to answer any questions.”
What is the title of Section 23?
Rights of a Person Arrested or Detained
When should we advise a person being arrested or detained under an enactment of their rights?
Without delay
What is the title of Section 24?
Rights of Persons Charged
If you wish to search someone without arrest or a statutory power, what section applies?
Section 21 - obtaining informed consent
If you interview or deal with a person who voluntarily cooperates with you, what section applies?
Section 22 - advise suspect they:
Do not have to remain and answer questions
Are free to go at any time
If you arrest a person, what section applies? What must you do?
Section 23 - Give Section 23 Rights
If you decide to charge a person, what section applies?
Section 24
What are the three main forms of search?
- specific statutory search powers
- statutory search pursuant to arrest or detention
- consent searches
Statutory powers to search relate to situations where?
Where you are able to search persons pursuant to an enactment
