Mapa mental
Police questioning
Conteúdo do mapa
Police questioning
the right to silence
- pre trial
- 464J: peserves right of s to refuse to answer qs and refuse to participate in crime re-enactments
- arrest
- trial
- 1) right to silence recognised in that accused is not obliged to give evidence
- 2) no adverse interference can be drawn by judge, prosecution from accused's failure to give evidence
- 3) treatment of evidence of accused's previous refusal or failure to answer questions now goverened by s89 s 20 evidence act
- charter of human rights
- s25(2) a person charged with a criminal offence is entitled without discrimintation to the following minumum gaurentees
- K) not to be compelled to testify against himself or herself or to confess guilt
- s25(2) a person charged with a criminal offence is entitled without discrimintation to the following minumum gaurentees
- pre trial
in custody
- within reasonable time 464a(1) (to work out reasonable time 464a(4)
- released or bail hearing
- informed of circumstances or change
- if longer than reasonable time,anything said may not be admissable r v Hill
- prior to questioning
- 464a(3) caution: right to silence
- PO should not ask why
- PO cannot infer guilt due to not answering s89
- 464C: right to communicate: family, lawyer
- PO can deter if they believe on RB
- communication would result in the escape of an accomplance or fabrication/destruction of evidence 464C(1)(c)
- q is so improtant to others safety that it cannot be delayed 464C(1)(d)
- if not told evidence may be affected : lawyer r v su friend/family:R v Frugniet
- PO can deter if they believe on RB
- 464D: right to interpreto also evidence act 139(3)
- if not done may affect evidence R v Mohammed
- 464f: right to consular official
- 464E minor: parent/gaurdian/3rd party
- Failure to caution
- crimes act
- 464j(c) &(d) preserves general discretion to exclude evidence illegaly/improperly obtained
- evidence act 139(1) :failure to caution arrested person mean improperly obtaine 138) governs exclusion of evidence
- crimes act
- 464a(3) caution: right to silence
- within reasonable time 464a(1) (to work out reasonable time 464a(4)
children/ young people
- Charter of human rights
- s25(3): A child charged with a criminal offence has the right to a procedure that takes account of his or her age and the desirability of promoting the child's rehab
- Childrens, youth and families act
- s346(2): child in custody must be realeased: unconditionally or on bail within reasonable time no later than 24 hours
- crimes act
- 464E: a) parent/gaurdian/3rd party must be present & they have to be given time to communicate with the person in private
- 464E(2): exceptions, destruction, escape, evidence urgency
- 464E: a) parent/gaurdian/3rd party must be present & they have to be given time to communicate with the person in private
- Charter of human rights
recording of questioning
- anyone suspected needs to be recorded r v alexander
- s464H(1) requires that evidence of a confession or admission will not be inadmissable unless audio recorded or audio visual and the recording is available to tender in evidence
- taping
- 464H(1(d)if admjssions made during q's are somewhere where taping is available then only questioins and answers recorded is available to be tendered
- 464h1(e)where no taping available it must be taped later
- 464h1(c)admissions made by s before recording not admissable unless recorded later
- 464H(2) where exceptional circumstances and justify the receipt of evidence even if not recorded it may be admissable: R v Dupas
- 464H(1(d)if admjssions made during q's are somewhere where taping is available then only questioins and answers recorded is available to be tendered
- exclusion of records of oral questioning
- 86 evidence act
- 1) only applies in criminal proceedings and only if an oral admission was made by an accused to an investigating official in response to a question out or a representation made by an official
- 2) a document prepared by or on behalf of the question, representation or response unless the accused has acknowledged that the doc is a true record of the q, representation or response
- 3) The acknowledgement must be made by signing, initialling or otherwise marking the doc
- 86 evidence act
- different timing of interviews look to powerpoints
Informações
- Descrição
- Mapa Mental sobre Police questioning, criado por tiffany nicholas em 04-06-2014.
- Criado por
- tiffany nicholas
- Visualizações
- 19
- Avaliação
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