Jane Case Study - Provisions of the Bail Act - Arrest at the Festival Valid - Lawfulness of the Installation - Law Assignment Help

Assignment Task

Case facts:
Jane is 25 years old and works casually as a shop assistant.

Jane has history of drug offenses, but has been sober for the last three years and avoided trouble.

Jane attended a music festival with her friend Sarah. Whilst at the festival, police approached Sarah and Jane with a sniffer dog. Jane, terrified from her experiences with police in the past ran away from the approaching officers. The police chased after Jane and tackled her to the ground.

Police picked Jane up off the ground and conducted a 'pat-down'; search and searched Jane's handbag. They found that Jane had bear mace in her pocket and a large knife in her handbag. Jane protested that she just had those things for her personal safety.

Police then told Jane that they wanted to speak to her at the station. Jane screamed 'please no!' and tried to run away, police forcibly put Jane into a police car and took her to the station.

At the station, police asked Jane a number of questions about the weapons. They suspected that Jane was part of an organised crime operation given her past and began to ask questions about her friends and the last time she used drugs. Troubled by the conversation, Jane screamed 'Please no! Can't I contact my friends? Anyone!?'. The questioning officer replied "not until you've answered our questions".

After 10 hours without a break the interview was completed. Only Jane and the questioning officers were in the room, although the conversation was recorded.

Police charged Jane with possession of a prohibited weapon contrary to section 5 of the Control of Weapons Act 1990 (Vic) and resisting arrest under s31(c) of the Crime Act 1958 (Vic).

Instructions:
Using materials from the course, answer the following questions. You should refer to relevant legislation or cases referred to in these materials in your answer. You will be assessed on the use of the materials in your response. You should refer to a minimum of 5 statutory provisions (i.e. sections in the legislation) in your answer. The word limits are a guide only.

1. Bail: What are Jane’s prospects of obtaining bail? You should refer to the provisions of the Bail Act in your answer
2. Arrest: Was the arrest at the festival valid? What is required for a valid arrest?
3. Search: Did the police have the power to search Jane at the first music festival? Under what legislation? What needs to be considered?
4. Procedures: Did the police breach any procedures in questioning Jane?
5. Surveillance: The police remained very suspicious of Jane and her potential connection to organized crime. Police visit Jane's house to return her belongings and in the process install an optical surveillance device in her smoke detector before leaving. Discuss the lawfulness of the installation

Course Learning Outcomes:
CLO 2: Critically assess laws relating to investigation and procedure
CLO 3: Demonstrate your problem-solving skills by applying laws relating to investigation and procedure to hypothetical fact situations

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