Custody 1

Question 1

what is 464 (1)(c)

Answer 1

1.Provision stating how a person is in custody by meeting “ALL” of the following criteria

Person is in the COMPANY of investigating official being

⚪️QUESTIONED about their

⚪️INVOLVEMENT or COMMISSION of an offence and there is

⚪️Sufficient INFORMATION by the investigating officer to

⚪️JUSTIFY an arrest

Question 2

If POA is not exercised by an investigating official (or if there is no POA)is a person still in custody.

provide eg

Answer 2

⚪️Yes

⚪️Even though there is a POA and the investigating official did not exercise the arrest power

> provisions of Subdiv 30A still apply

EG no POA

⚪️DHS have a power to investigate offences under DPCS act but have no POA

⚪️ Placing XPCA in custody for the pruposes of I/V and EBT

Question 3

what is 464H

What is the reason for it

Answer 3

“Recording of confessions and admissions”

⚪️The primary reason for s 464H was to prevent the fabrication of admissions by
police - colloquially known as verballing - and to ensure any admission made was
both correct and true

⚪️ It was also intended to reduce challenges to the admissibility of admissions based on
involuntariness, unfairness or public policy grounds. In turn, this was intended to
save court time and reduce allegations of impropriety against investigating officials.

Question 4

Pursuant to 464H confessions and admissions has to be recorded

give an example of reasonable suspicion on how this affected the detectives on the admission that was not recorded as being admissible in court.

Answer 4

R V Alexander

Magistrates allowing information that was not recorded to be admissible in court

⚪️when the detectives Q’d how Alex received the cuts on his leg he gave a different response in a later interview.

⚪️detectives viewed him not as a suspect : At the time of Q’ing there was no suspicion that he killed someone.

⚪️Detectives sought to use this information on the different responses although not recorded as evidence of the accused guilt.

⚪️reason why it was permitted as admissible is because the court held that the detectives state of mind was not questioning the accused as a suspect.

Question 5

what is the meaning of suspect under 464 of the CA

Answer 5

A person of or above the age of 18 who;

1. Suspected of having committed an offence or
2. has been charged with an offence or
3. has been summonsed to answer a charge.