NCJ Number
93091
Date Published
1982
Length
20 pages
Annotation
Following a series of court decisions in various Australian jurisdictions, most police commissioners appear to have acted to protect the admissibility of children's confessions by directing officers to interview children only in the presence of an independent adult, but beyond this practice, the interrogation procedures used with children in the various Australian jurisdictions differ considerably.
Abstract
Although the presence of an independent adult at the questioning of a child is the standard protection offered for minors under police interrogation, this practice is often of more benefit to the police than to the child. Since the child's parents are frequently used as the independent adult, parents themselves are likely to be intimidated by the atmosphere of the interrogation such that the parent may be unable to effectively communicate to a child that they have the right not to answer the police questions. Further, some parents, not wishing to be viewed as supporting the child in the commission of an offense, may even encourage the child to confess. Also, welfare officers, justices of the peace, and policewomen are sometimes used as the independent adults during the interrogation. From the child's perspective, these authority figures may be viewed as just an extension of the police authority rather than as a protector or advocate. The Queensland courts appear to have taken the lead in expanding the factors deemed relevant in considering the admissibility of a child's confession, such as the suitability of the independent adult, the cultural and educational background of the accused, and the mental age of the child. This development should be followed in other jurisdictions. Sixty-two notes are provided.