DETENTION FOR INTERROGATION AND CONFESSIONS - PAPUA NEW GUINEA

• NCJ Number: 61777
• Author(s): ANON
• Date Published: 1978
• Length: 60 pages
• Corporate Author: Papua New Guinea Law Reform Cmssn
• Publication Format: Document
• Language: English
• Country: Papua New Guinea
• Note: WORKING PAPER NO 11

Annotation

THIS PAPER EXAMINES DETENTION FOR INTERROGATION AND CONFESSIONS IN PAPUA NEW GUINEA. A PROPOSAL FOR LEGISLATION ON THE SUBJECT TOGETHER WITH COMMENTS ON EACH CAUSE IS INCLUDED.

Abstract

PAPUA NEW GUINEA HAS ADOPTED THE ENGLISH-AUSTRALIAN COMMON LAW AND HAS ENACTED LEGISLATION TO ACHIEVE A NUMBER OF GOALS. AMONG THESE ARE THE ABILITY OF THE POLICE TO PROPERLY INVESTIGATE CRIME, QUESTION SUSPECTS AND WITNESSES, AND AT THE SAME TIME PROTECT THESE SAME SUSPECTS FROM THREATS OF VIOLENCE AND THE PRESSURE TO MAKE FALSE CONFESSIONS. THE RIGHT AGAINST SELF-INCRIMINATION IS AN ESSENTIAL PART OF FREEDOM IN FREE SOCIETIES. THE PAPER COMMENTS ON THE FOLLOWING ELEMENTS OF THE LAW: VOLUNTARINESS AND DISCRETION, JUDGES' RULES, SECTION 42 OF THE CONSTITUTION WHICH PROTECTS RIGHTS OF THOSE BROUGHT IN FOR QUESTIONING, RIGHT TO SILENCE, INTERPRETATION OF CONFESSIONS, CONVICTIONS BASED UPON CONFESSIONAL EVIDENCE ONLY, ASPECTS OF THE VOIR DIRE, EVIDENCE OBTAINED FROM AN INADMISSIBLE CONFESSION, UNLAWFULLY OBTAINED EVIDENCE, AND DETENTION FOR INTERROGATION. THE PRESENT LAW RELATING TO CONFESSIONS IS DIFFICULT TO UNDERSTAND BECAUSE IT IS TOO COMPLEX, THE POLICE HAVE DIFFICULTY IN UNDERSTANDING THEIR RIGHTS AND DUTIES, AND INSUFFICIENT PROTECTION IS GIVEN TO THOSE BEING QUESTIONED BY POLICE. A DRAFT BILL DEALING WITH THE LAW RELATING TO CONFESSIONS IS SET FORTH AND DISCUSSED. THE BILL HAS SEVERAL FEATURES INCLUDING A RESTATEMENT OF THE PRESENT LAWS DEALING WITH THE REQUIREMENT THAT CONFESSIONS BE VOLUNTARY, PROPOSALS FOR NEW RULES RELATING TO THE PROPER CONDUCT OF POLICE AND OTHERS DURING INTERVIEWS WITH SUSPECTS, PROVISIONS FOR THE EXCLUSION OF IMPROPERLY OBTAINED EVIDENCE AND CONFESSIONS, AND PROTECTION OF THE PUBLIC INTEREST. RECOMMENDATIONS ABOUT THE INTERPRETATION OF CONFESSIONS MADE BY SUSPECTS AND THE PROBLEM OF POSSIBLY INCRIMINATING EVIDENCE GIVEN ON THE VOIR DIRE ARE MADE. COMMENTS ON EACH CLAUSE OF THE BILL ARE INCLUDED. AN APPENDIX OF TAPE-RECORDED INTERVIEWS AND FOOTNOTES ARE INCLUDED. (PRG)