Arbitrary means Not Lawful, Without Lawful Authority or based on random choice or whim
True
Arbitrary detention can occur if a suspect believes on reasonable grounds that they are not free to leave based on police conduct
True
Section 24 of the BOR Act States: shall be informed promptly of nature and cause of charge and released on reasonable terms and conditions
True
Don’t enter into deals or agreements with defendants as it could be seen as a ‘promise’ or ‘representation’ and admission could be ruled inadmissible
True
Judge can exclude statement if satisfied on balance of probabilities that circumstances which made affected reliability. Take into account:
- pertinent physical, mental or psychological condition
- any pertinent characteristics (disabilities)
- nature of any questions and manner and circumstances they were put
- nature of any threat, promise or representation
True
Judge can find on balance of probabilities, whether or not evidence improperly obtained. Regard the following:
- importance of any right breached by the impropriety and the seriousness of the intrusion on it
- nature of impropriety, deliberate, reckless, bad faith
- nature and quality of improperly obtained evidence
- seriousness of charge
- investigative techniques available but not used
- impropriety necessary to avoid physical danger
- urgency in obtaining evidence
- alternative remedies to redress defendant issues
True
Oppression means oppressive, violent, inhuman or degrading conduct towards, or treatment of the defendant or another person; or a threat of conduct or treatment of that kind
True
Section 22 of BOR Act States: everyone has the right not to Arbitrarily Detained
True
