NCJ Number
50488
Date Published
1977
Length
11 pages
Annotation
CIRCUMSTANCES UNDER WHICH AUSTRALIAN POLICE MAY LEGALLY DETAIN SUSPECTS FOR PURPOSES OF INTERROGATION ARE ANALYZED.
Abstract
IN AUSTRALIA, ARREST AND DETENTION BY POLICE ARE LAWFUL ONLY FOR THE PURPOSE OF TAKING THE ARRESTED PERSON BEFORE A MAGISTRATE. HOWEVER, IT DOES NOT NECESSARILY FOLLOW THAT THE LAW IS VIOLATED EVERY TIME POLICE SECURE A SUSPECT'S PRESENCE AT A STATION FOR INTERROGATION. UNDER CASE LAW PERTAINING TO THE ELEMENTS NECESSARY TO CONSTITUTE DETENTION, POLICE MAY LEGALLY SECURE A SUSPECT'S PRESENCE AT A STATION BY CLEARLY REQUESTING THAT THE SUSPECT COOPERATE WITH THEM OR BY HIDING THE FACT THAT THE SUSPECT ACTUALLY IS BEING DETAINED. MOREOVER, POLICE MAY ARREST A PERSON ON A MINOR CHARGE (A HOLDING CHARGE) TO FACILITATE THEIR INVESTIGATION OF A MORE SERIOUS CRIME IN WHICH THE ARRESTEE IS A SUSPECT. EVEN IF A MINOR CHARGE IS NOT AVAILABLE, POLICE MAY STILL MAKE AN ARREST IF THEY KNOW OF INFORMATION INVOLVING THE SUSPECT IN ANY CRIME. ONCE SUCH AN ARREST IS MADE, THE POLICE MAY INVESTIGATE THEIR CASE AND FORMULATE A CHARGE WITH THE 'ASSISTANCE' OF THE SUSPECT, THE ONLY LIMITATION BEING THAT DETENTION BE KEPT TO A 'REASONABLE' DURATION. IN CONSIDERING POLICE POWERS TO DETAIN FOR INVESTIGATION, THE PUBLIC INTEREST IN CURBING CRIME MUST BE WEIGHED AGAINST THE FACT THAT A SUSPECT SO DETAINED IS IN A VERY VULNERABLE POSITION. SUCH A SUSPECT IS UNPROTECTED BY THE LEGAL LIMITATIONS ON POLICE DETENTION AND BY RESTRICTIONS ON POLICE INTERROGATION OF PERSONS IN CUSTODY. IN ADDITION, THE SUSPECT IS DEFENSELESS IN THAT WHAT TRANSPIRES IN A SECRET INTERROGATION IS A MATTER OF THE SUSPECT'S WORD AGAINST THAT OF THE POLICE. (LKM)