Criminal Rights

In Australia, we do not read Miranda rights. We have our own rights set out by the County Court. Each state has their own set of criminal rights, but at APF, we follow the rights set out below.

Accused	Victims and Family Members
Right to apply for bail	Right to be heard and kept informed
Right of silence	Right to make a victim impact statement
Right to be given reasons for decisions	Right to request an order for compensation
Right to appeal the decision of a court
Right not to be tried twice for the same offence

Some rights have been removed due to the fact that a court hearing is needed

Grounds for Searching a Vehicle

Before searching an individual's vehicle, officers need to establish either consent from the owner, probable cause, or a search warrant. Probable cause could include visible evidence of illegal activity or the smell of illegal substances coming from the vehicle. Without these grounds, a vehicle search could be considered illegal and any evidence found may be dismissed in court.

Grounds for Searching a Suspect

When it comes to searching a suspect, officers must have reasonable suspicion or explicit consent from the person. This could involve pat-downs if the officer believes the person may be armed and dangerous. For more invasive searches, a warrant is typically required unless there are exigent circumstances that justify the search without it. It's crucial for these searches to be conducted in a manner that respects the suspect's dignity and rights.