MLL218 Study Guide - Final Guide: Arbitrary Arrest And Detention

72 views3 pages
1b Key themes and tensions in contemporary criminal procedure
1. EFFECTIVE CRIME INVESTIGATION V HUMAN RIGHTS
a. The traditional rights
Key rights/themes at common law: Right to be presumed innocent, right to silence, right not
to be subject to arbitrary detention, right to fair trial, rule against double jeopardy (right not
to be tried or punished more than once for the same offence) ....
b. The modern protections/Technocratic principles of justice
Also Victoria since 2006:
Charter of Human Rights and Responsibilities Act 2006 (Vic)
o s13 Right to Privacy
o A person has the right
(a) not to have his or her privacy, family, home or correspondence
unlawfully or arbitrarily interfered with...
#POLICE POWERS OF SEARCH & SEIZURE?
o s21 Right to liberty & security of person
o (1) Every person has the right to liberty and security.
o (2) A person must not be subjected to arbitrary arrest or detention.
o (3) A person must not be deprived of his or her liberty except on grounds,
and in accordance with procedures, established by law.
o (4) A person who is arrested or detained must be informed at the time of
arrest or detention of the reason for the arrest or detention and must be
promptly informed about any proceedings to be brought against him or
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows page 1 of the document.
Unlock all 3 pages and 3 million more documents.

Already have an account? Log in