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The Terrorism (Police Powers) Amendment (Investigative Detention) Act 2016 (NSW) allows police to hold a suspect in detention for up to 14 days without charge - HSC - SSCE Legal Studies - Question 18 - 2021 - Paper 1
Question 18
The Terrorism (Police Powers) Amendment (Investigative Detention) Act 2016 (NSW) allows police to hold a suspect in detention for up to 14 days without charge. Whic... show full transcript
Worked Solution & Example Answer:The Terrorism (Police Powers) Amendment (Investigative Detention) Act 2016 (NSW) allows police to hold a suspect in detention for up to 14 days without charge - HSC - SSCE Legal Studies - Question 18 - 2021 - Paper 1
Step 1
Which of the following is compromised by this Act?
Answer
The correct answer is C. Presumption of innocence.
The Terrorism (Police Powers) Amendment (Investigative Detention) Act 2016 allows police to detain a suspect without charge for an extended period of time. This practice can undermine the presumption of innocence, a fundamental principle of criminal law, as it holds individuals in custody without the opportunity for a timely trial or charge.
While the other options such as trial by jury, legal representation, and the ability of police to question the accused may also be affected in some contexts, the core issue at hand with this Act is the presumption of innocence being compromised due to prolonged detention without charge.