M1 - Learner Manual

3. Case Study : Criminal Case

At the heart of our common law is a person’s right to refuse to answer questions put by people in authority, and to refuse to accompany those in authority to any particular place unless they have been formally arrested. Those rights, however, can be, and have been, eroded by laws made in parliament. Police powers have been extended by legislation, and a complex set of rules has evolved in an effort to strike a balance between protecting people’s rights and liberties and ensuring effective law enforcement.

The following section details some of the issues and relevant laws that may apply in a criminal case to assist an advocate in working out how to help a client protect their rights.