Criminal Procedure With Scott Optican

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  • UniversityUniversity of Auckland
  • AreaLaw
  • CourseCriminal Procedure
  • Course CodeLAWPUBL 430
  • ProfessorScott Optican
2 Purchases
A-Verified Grade
  • Authorjjohn
  • Created2015
  • Pages18
  • Approved17 September 2016

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Daniel Markos Bond University

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Nick Cundy University of Adelaide

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About these notes

These notes are what I took into the the exam. They are designed to be quick and easy to use to formulate an answer. Anyone who has done an exam with Scott will know that they will be hard pressed for time. I wrote my notes with that in mind. They include example sentences that can be easily inserted into your answer.


I used these notes as my main study preparation and they have been formatted to facilitate easy navigation and quick learning of the essential concepts.  The notes are extremely well structured and can be relied on for study in closed or open book exams. The notes are 18 pages of concise, exam focused material designed to anticipate the sorts of exam questions thereby ensuring that the student only focuses on knowing what is required to do well on the exam.


Some of the major topics covered in these notes include:

  • Was The Evidence Improperly Obtained?
  • Should It Be Excluded? – S30 Balancing Test
  • Causation
  • Search And Surveillance
  • Warrant Specifications
  • Invalid Warrants
  • Searches Of The Person Statutes
  • Car Searches
  • Searches Of Real Property
  • Electronic Surveillance
  • Police Questioning
  • Section 22 Bill Of Rights – Free From Arbitrary Detention And Arrest
  • Section 23(1)(B) Right To Council
  • Waiver
  • Charge Awareness – Section 23(1)(A)
  • Right To Silence
  • Re- Questioning After Legal Advice Has Been Given
  • Right To Be Charged Promptly
  • Brought Before Court As Soon As Possible
  • Right To Time And Facilities To Prepare A Defence
  • Right To Be Tried Without Undue Delay
  • Judicial Questioning
  • Pre-Trial Publicity
  • Jury Selection
  • Defendants Right To Examine A Witness
  • The Right To Be Present At Your Trial
  • Trial In Absentia


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