Consult Anne Stevens, an expert criminal lawyer in Dunedin, today
Anne Stevens is an experienced and senior criminal lawyer. She will work to achieve the best possible outcome for you, regardless of the alleged offence. The New Zealand Bill of Rights Act 1990 rights regarding search, arrest and detention, as seen below on this page, is fundamental to her work.
Read on to find out more about the act, or call Anne in Dunedin
today for assistance or advice from a qualified criminal lawyer.
Excerpts from the New Zealand Bill of Rights Act 1990
21 Unreasonable search and seizure
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.
22 Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained.
23 Rights of persons arrested or detained
(1) Everyone who is arrested or who is detained under any enactment—
(a) shall be informed at the time of the arrest or detention of the reason for it; and
(b) shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
(c) shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
(2) Everyone who is arrested for an offence has the right to be charged promptly or to be released.
(3) Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.
(4) Everyone who is—
(a) arrested; or
(b) detained under any enactment—
for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.
(5) Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.
24 Rights of persons charged
Everyone who is charged with an offence—
(a) shall be informed promptly and in detail of the nature and cause of the charge; and
(b) shall be released on reasonable terms and conditions unless there is just cause for continued detention; and
(c) shall have the right to consult and instruct a lawyer; and
(d) shall have the right to adequate time and facilities to prepare a defence; and
(e) shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for more than 3 months; and
(f) shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and
(g) shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.
25 Minimum standards of criminal procedure
Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:
(a) the right to a fair and public hearing by an independent and impartial court:
(b) the right to be tried without undue delay:
(c) the right to be presumed innocent until proved guilty according to law:
(d) the right not to be compelled to be a witness or to confess guilt:
(e) the right to be present at the trial and to present a defence:
(f) the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:
(g) the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty:
(h) the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both:
(i) the right, in the case of a child, to be dealt with in a manner that takes account of the child's age.
Visit Anne today to discuss your legal rights with a criminal lawyer in Dunedin.