NCJ Number
80580
Journal
Australian Law Journal Volume: 54 Dated: (August 1980) Pages: 466-471
Date Published
1980
Length
6 pages
Annotation
Existing and proposed mechanisms for controlling the abuse of police power in Australia are discussed.
Abstract
The discipline and conduct of the members of the various police forces in Australia are the subject of regulations and orders made for that purpose. Any breach of these regulations is dealt with internally and not publicized. Sanctions are notoriously least effective in the interrogation of suspects and the gathering of evidence. In these areas, the exclusionary rules as developed and applied by the courts constitute the primary sanction. The common law principle that a confession cannot be received unless made voluntarily is applied in Australia. This issue is determined by the trial judge and will normally involve voir dire hearing in the absence of the jury. At this hearing, the prosecution must show that the statement was voluntary on the balance of probability before the evidence can be ruled admissible. The exclusionary rule has been applied to exclude evidence illegally obtained; however, if the evidence was obtained illegally as the result of a mistake rather than deliberation or recklessness, the evidence is usually admitted. There is a growing belief among citizens and legal professionals that the sanctions designed to curtail the abuse of police powers are not sufficient. Some suggestions for further countering the abuse of police powers include establishing a bill of rights, hearing complaints against police officers by nonpolice tribunals, changing the exclusionary rules, changing the law of evidence, electronically recording police interrogations, and conducting interrogations before a magistrate. Some of the major proposals for change are explored in detail. Thirty-eight footnotes are provided.