Caution & Rights Flashcards
When must you give a person the caution only?
When you are questioning a person about an offence (RGTB) but you do not have an arrest power.
When must you give a person caution and rights?
When you have arrested a person & when questioning a person about an offence that you have an arrest power for.
What are you risking if you fail to give caution and rights?
Improperly obtained evidence (act or statement).
Explain s139(1) of the evidence act.
Failure to give caution to a person under arrest being questioned with be a statement obtained improperly
Explain s139(2) of the evidence act.
A person being questioned but there is no arrest power will result in evidence being improperly obtained
Explain what it means to be “in custody”
If a person is under arrest by warrant or without warrant
In the company of an investigating official and is being questioned or investigated.
What can you do to ensure a child understands the caution
Explain to them in a language they understand and ask them what it means in their own words
What act and section are the rights found?
Crimes act 1958 s.464C
What are the exceptional circumstances where rights don’t need to be given?
The communication of the person would result in escape or destruction of evidence
or the questioning or investigation is so urgent, having regard to safety of others, that it should not be delayed
What are three objectives of interviewing persons suspected of having committed offences?
(Conducting interviews)
- Exoneration of the innocent
- Gathering evidence against the offender
- Establishing the facts of the case
What does s465AAB of the crimes act mandate? (SIQ)
Every person taken into custody must be asked the standard indigenous question
When must VALS be notified when an aboriginal person is taken into custody?
Within 1 hour of the person being taken into custody
What are the reasons for statements
To exhonerate or bring to court
