NCJ Number
48551
Journal
Australian Police Journal Volume: 32 Issue: 2 Dated: (APRIL 1978) Pages: 67-92
Date Published
1978
Length
26 pages
Annotation
THE AUSTRALIAN POLICE PRACTICE OF OBTAINING CONFESSIONS OR OTHER EVIDENCE THROUGH RECORDED SUSPECT INTERVIEWS IS DISCUSSED, WITH ATTENTION TO JUDICIAL DECISIONS SETTING SPECIFIC GUIDELINES FOR THE TECHNIQUE'S APPLICATION.
Abstract
UNDER AUSTRALIAN JUDICIAL PRECEDENTS, A WRITTEN OR TAPED ACCOUNT OF THE QUESTIONS PUT BY AN INTERROGATING OFFICER AND THE REPLIES OF A SUSPECT OR WITNESS IS ADMISSIBLE AS DOCUMENTARY EVIDENCE, PROVIDED THAT CERTAIN PROCEDURES ARE FOLLOWED AND THE GENERAL RULES OF EVIDENCE ARE RESPECTED. BEFORE ANY EVIDENCE CAN BE ADMISSIBLE, THE BASIC RULE IS THAT IT MUST BE RELEVANT. HOWEVER, IN THE CASE OF CONFESSIONS, CONTEMPORANEOUSLY RECORDED OR NOT, SPECIAL RULES HAVE BEEN DEVELOPED IN ADDITION TO THE RELEVANCE PROVISION. SPECIFICALLY, THE CONFESSION MUST BE VOLUNTARY AND MADE WITHOUT ANY SORT OF INDUCEMENT HELD OUT BY A PERSON OF AUTHORITY. IN ADDITION TO THESE MANDATORY RULES, THE COURTS RETAIN DISCRETIONARY POWER TO REJECT RECORDED CONFESSIONS EVEN THOUGH THEY MAY BE VOLUNTARY. THIS POWER MAY BE INVOKED IF THE COURT FEELS THE CONFESSION HAS BEEN OBTAINED UNDER CIRCUMSTANCES WHICH RENDER ITS RECEPTION UNFAIR TO THE ACCUSED. IN INVESTIGATING CRIMES AND TAKING CONFESSIONS, THE POLICE MAY INTERVIEW ANYONE FROM WHOM USEFUL INFORMATION CAN BE OBTAINED, ALTHOUGH IF AN OFFICER HAS DECIDED TO CHARGE SOMEONE ABOUT TO BE INTERVIEWED, THEN THE SUSPECT SHOULD BE CAUTIONED AS TO HIS OR HER RIGHTS. PERSONS ALREADY IN CUSTODY SHOULD NOT BE INTERVIEWED WITHOUT THE USUAL CAUTION, AND SHOULD A PRISONER WISH TO VOLUNTEER A STATEMENT, THEN, TOO, SHOULD CAUTION BE ADMINISTERED. SUSPECTS SHOULD BE CAUTIONED AS TO THEIR RIGHTS WHEN FORMALLY CHARGED; HOWEVER, SHOULD A SUSPECT MAKE A STATEMENT BEFORE A RIGHTS CAUTION CAN BE ADMINISTERED, THE RESULTING EVIDENCE IS NOT NECESSARILY RENDERED INADMISSIBLE. SUSPECTS MAKING A VOLUNTARY STATEMENT MUST NOT BE CROSS-EXAMINED, AND WHEN TWO OR MORE PERSONS ARE CHARGED WITH THE SAME OFFENSE, THEIR STATEMENTS SHOULD BE TAKEN SEPARATELY. A STATEMENT SHOULD, WHEN POSSIBLE, BE WRITTEN DOWN AND SIGNED AFTER THE SUSPECT HAS READ IT AND CORRECTED ERRORS. FOREIGNERS, THE DEAF AND MUTE, ILLITERATES, AND ABORIGINES DEMAND SPECIAL HANDLING. SEE NCJ-51776.