LS202 Lecture Notes - Lecture 1: Actus Reus, Arbitrary Arrest And Detention, Regulatory Offence
Document Summary
Trials - more likely to be guilty. Able to serve in the community rather than prison. *ccrf - reasonable limits clause - these cannot be violated unless you can prove reasonable limits to the rights* Have to be justi ed in a free, democratic society. Jurys will not be asked to interpret the laws. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice . Can be encroached upon as long as these limitations maintain fundamental justice. Everyone has the right to be secure agains unreasonable search or seizure . Police and investigators usually decide - warrant. Diminished? some people who have a lower expectation of privacy. People passing through customs - international security, leaving country as a citizen. Accused - to be questioned, have your business inspected. People working in a highly regulated eld (environmental agencies)