Procedule Rights BORA

Question 1

Everyone charged with an offence

Answer 1

B) shall be released on reasonable terms and conditions unless there is just cause for continued detention

C) shall have the right to consult and instruct a lawyer

F) shall have the right to legal assistance without cost if the interests of justice so require

G) shall have the right to have the free assistance of an interpreter

Question 2

The purpose of BORA s24-rights of a person charged?

Answer 2

• Intent to prosecute, right to a fair trial
• charge sheet, information required to manage affairs
• prejudice/penalty
• transaction event
• form of procedure

Question 3

Scope for BORA s24-rights of a person charged?

Answer 3

• informed
• nature of the charge
• in detail ( W v AG, P v Wellington DC
• charged
• promptly
• amendment ( department of conservation v Gilfillan)

Question 4

Remedies for BORA s24(d)- everyone charged with an offence shall have the right to adequate time and facilities to prepare a defence

Answer 4

• self help
• adjournment
• exclusion of prosecution evidence (R v Griffin)
• Sentencing reduction, not appropriate
• costs awarded
• appeal
• stay of proceedings

Question 5

The right not to be subject to unreasonable search and seizure?

Answer 5

• S21 of the BORA
• 2 steps to whether a search or seizure was unreasonable:
  1. Was there a search and seizure
  2. Was the search or seizure unreasonable
• search and surveillance Act 2012

Question 6

Common activities that searches include?

Answer 6

• entry into and inspection of building, enclosed spaces or vehicles
• physical examination of a person
• taking bodily samples
• internal examination of personal property

Question 7

Search and surveillance Act 2012 role in BORA s21

Answer 7

Identifies and gives procedure for most common types of search

Question 8

A search by consent will only be lawful if all of the following are satisfied?

Answer 8

• the search is for one of the purposes given in s92 of the SSA 2012
• the searching officer has advised the person giving consent of the reason for the proposed search and they may either give or refuse consent
• the person giving consent has legal authority to give that consent

Question 9

Valid consent is not automatically a?

Answer 9

Reasonable search

Question 10

Remedies for unreasonable search and seizure?

Answer 10

• Declaration of rights( judicial review)
• return of seized items
• sentence reduction