Hank, an American citizen, has been held without charge by the NSW police for three weeks for possession of a firearm - HSC - SSCE Legal Studies - Question 7 - 2004 - Paper 1
Question 7
Hank, an American citizen, has been held without charge by the NSW police for three weeks for possession of a firearm. His family considers this a breach of his huma... show full transcript
Worked Solution & Example Answer:Hank, an American citizen, has been held without charge by the NSW police for three weeks for possession of a firearm - HSC - SSCE Legal Studies - Question 7 - 2004 - Paper 1
Step 1
Identify the Legal Basis for Detention
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Answer
It is crucial to start by recognizing the legal framework under which Hank has been detained. In Australia, individuals can be held without charge only under specific circumstances, typically involving serious offenses. An analysis of the laws pertaining to unlawful detention should be conducted.
Step 2
Contact a Lawyer
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Answer
The family should immediately seek legal counsel. A lawyer experienced in criminal law and human rights can provide critical advice and represent Hank's interests, ensuring that his legal rights are defended.
Step 3
File for a Writ of Habeas Corpus
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The most effective legal recourse would be to file for a writ of habeas corpus in a higher court. This judicial order compels the police to justify the grounds of detaining Hank, potentially securing his release if his detention is deemed unlawful.
Step 4
Engage with Media and Public Support
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Raising public awareness through media channels can increase pressure on law enforcement and government officials. Activating public sympathy may lead to expedited proceedings and can also deter any further delays in addressing Hank's case.
