IN06 Bill Of Rights

Question 1

What is somebody’s rights under Section 21 of the Bill of rights act 1990

Answer 1

Rights against unreasonable search and Seizure

Question 2

What is somebody’s rights under Section 22 of the Bill of rights act 1990

Answer 2

Rights against arbitrary or random arrest/detention

Question 3

What is somebody’s rights under Section 23 of the Bill of rights act 1990

Answer 3

People arrested or detained have rights and must be made aware of these rights

Question 4

What is somebody’s rights under Section 24 of the Bill of rights act 1990

Answer 4

Rights of a person charged

People charged with an offence have rights and must be informed of these rights incl. what specifically the charge is

Question 5

At what point is a person deemed to be detained:

Answer 5

The point at which somebody is not to free to leave. This can be from oral instruction OR from no specific implication that a particular person is free to go

Question 6

Explain Lawful and Reasonable

Answer 6

Lawful is a legal justification for an act such as search/seizure, reasonable is the way in which you conduct either.

Eg strip Searching somebody in public

Question 7

What are the bill of rights I must read to somebody on Arrest/Detainment?

Answer 7

You are under arrest for […]

You have the right to remain silent

You do not have to make a statement

Anything you say will be recorded and may be given as evidence in court

You have the right to speak to a lawyer without delay and in private before deciding wether to answer any questions

Police have a list of lawyers you may speak to for free