Powers and Rights (VCE SSCE Legal Studies): Flashcards

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Powers and rights
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Presumption of innocence

Accused must be presumed innocent until proven guilty

Human Rights Charter full name

Charter of Human Rights and Responsibilities Act 2006 (Vic)

Institutional powers

Authority given to bodies like Victoria Police to undertake actions

4 stages examining powers/rights balance

Arrest, questioning, court proceedings, imprisonment

Police arrest without warrant when

Arrest necessary or reasonably believe indictable offence committed

Bail

Release of accused on condition they attend court hearing

Right to silence exception

Must provide name and address only

Questioning right if under 18

Parent, guardian or independent person must be present

Legal aid

Legal advice, info about law & provision of legal services

Prisoner right: open air daily

At least 1 hour each day (weather permitting)

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