Custody 2 Flashcards
Under 464AA what must the member do when he has digitaly recorded someone
The maker of the recording must certify that is has not been altered after its making
what is 464A
Detention of person in custody Must be A) released unconditionally b) released on bail c) Brought before BJ or Mag w/i reasonable time
Give an example of reasonable time - 464A on how this can be a misuse of police powers and therefore defence can state that any admissions made are inadmissible
R V Heaney and Ors (1992) Suspect in custody at 1700hrs held until 2200hrs. Later taken to another Pol/station and interviewed the following day 0145hrs. ⚪️defence argued that accused was held for a prolonged period of time. ⚪️defence argued that police were trying to induce fear ⚪️any admissions made were inadmissible because unlawfully obtained.
What is 464A (2)
Informing susp of the circumstances of the offence. > sufficient information for the person understand why he is being investigated.
