4.
ARRESTABLE OFFENCES
MONDAY, NOVEMBER 23, 1992
THE LAW REFORM COMMISSION PREFERS TO RETAIN THE EXISTING DEFINITION OF
OFFENCE WHICH ARRESTABLE
IS THAT IT IS AN OFFENCE FOR
THE WHICH SENTENCE IS FIXED BY LAW OR FOR WHICH A PERSON MAY BE SENTENCED TO
FOR IMPRISONMENT
MORE THAN 12 MONTHS. ANYONE MAY ARREST WITHOUT WARRANT ANY PERSON WHO IS IN THE ACT OF COMMITTING OR HAS COMMITTED AN ARRESTABLE OFFENCE.
$.
SERIOUS ARRESTABLE OFFENCE
WILL BE WHERE A SERIOUS ARRESTABLE OFFENCE IS INVOLVED, THE POLICE ABLE TO EXERCISE MORE EXTENSIVE POWERS, SUCH AS EXTENDED DETENTION, THE TAKING OF INTIMATE SAMPLES AND DELAY IN PERMITTING ACCESS TO LEGAL ADVICE. THE COMMISSION PROPOSES THAT A SERIOUS ARRESTABLE OFFENCE FIVE SHOULD BE DEFINED AS ONE FOR WHICH A SENTENCE OF IMPRISONMENT OF YEARS OR
ADDITIONAL MORE CAN BE IMPOSED, PLUS A NUMBER OF
SPECIFIC
THE LAW REFORM OFFENCES.
COMMISSION HAS SUGGESTED THAT THESE ADDITIONAL SPECIFIC
SHOULD BE
BY IDENTIFIED ADMINISTRATION IN CONSULTATION WITH LAW ENFORCEMENT AGENCIES.
OFFENCES
ITEMS SUBJECT TO LEGAL PRIVILEGE
THE
ITEMS
SUBJECT
TO LEGAL PRIVILEGE INCLUDE LAWYER AND RIS CLIENT AND ANY
CONNECTION
WITH LEGAL PROCEEDINGS.
BY THE POLICE.
EXCLUDED MATERIAL
COMMUNICATIONS BETWEEN DOCUMENTS OR COMMUNICATIONS
THESE MATERIALS CANNOT BE
A
IN SEIZED
TISSUE OR JOURNALISTIC
GAIN
PROCEDURE,
EXCLUDED MATERIAL INCLUDES ALL PERSONAL RECORDS RELATING TO A PERSON'S HEALTH,
COUNSELLING OR PERSONAL WELFARE; HUMAN SPIRITUAL FLUID
FOR TAKEN
AND DIAGNOSIS OR MEDICAL TREATMENT; MATERIAL IN THE FORM OF DOCUMENTS OR RECORDS. THE POLICE CANNOT
SPECIAL ACCESS TO EXCLUDED MATERIAL UNLESS THEY FOLLOW A WHICH REQUIRES THEM TO MAKE AN INTER PARTES APPLICATION TO A JUDGE FOR AN ORDER THAT THE PERSON IN POSSESSION OF THE MATERIAL MATERIAL OR GIVE THE POLICE ACCESS TO IT.
8.
SPECIAL PROCEDURE MATERIAL
..
PRODUCE THE
MATERIAL
SPECIAL PROCEDURE MATERIAL INCLIIDES, FIRSTLY, JOURNALISTIC
OR IS NOT
MATERIAL ACQUIRED WHICH
EXCLUDED MATERIAL" AND, SECONDLY,
OR OTHER PROFESSION CREATED IN THE COURSE OF ANY TRADE, BUSINESS,
UNDERTAKING OCCUPATION WHICH IS HELD SUBJECT TO AN EXPRESS OR IMPLIED TO HOLD IT IN CONFIDENCE, OR SUBJECT TO A STATUTORY DISCLOSURE. BROADLY SPEAKING, THIS CATEGORY OF MATERIAL WOULD
ACCOUNTS, SUCH THINGS AS EMPLOYMENT RECORDS OR DETAILS OF BANK FILM TAKEN BY A JOURNALIST OF A NON-CONFIDENTIAL NATURE.
RESTRICTION ON COVER AND
/ACCESS TO