Investigative Interviewing Flashcards
22 BOR
Everyone has a right to not be arbitrarily arrested or detained
23 BOR
Rights of arrested or detained:
- a) informed of reason
b) right to lawyer
c) have validity determined without delay by way of habeas corpus and to be released if not lawful - Right to be charged promptly or to be released
- Before court ASAP if charged
- Right to refrain from statement
- Treated with humanity and respect for the inherent dignity of person
24 BOR
Rights or person charged:
- promptly informed of nature and cause of charge
- released on reasonable t&c if continued detention
- right to lawyer
- right to adequate time and facilities to prepare a defence
- right to jury if 2+ yr imprisonment
- free legal assistance
- free assistance of interpreter if required
Chief Practice Notes 1
A member of the police investigating an offence may ask questions of any person from whom it is thought that useful info may be obtained whether or not that person is a suspect, but must not suggest that it is compulsory for a person to answer
LTA 113 is exception
Chief Practice Notes 2
Whenever a member of the police has sufficient evidence to charge a person with an offence or whenever seek to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions.
Chief Practice Notes 3
Questions of a person in custody or in respect of whom there is sufficient to charge, must not amount to cross examination
Chief Practice Notes 4
Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained
Chief Practice Notes 5
Statement preferably be recorded by video recording unless impractical or if person declines to be recorded. Audio tape or writing is declined. Opportunity to review and correct errors. Offer them to sign written to confirm
When to repeat BOR
- advise before arrested or detained
- after lengthy interview break
- when interviewing on unrelated offence or offence circumstances change
Statement can be excluded due to unreliable or oppression if:
- physical, mental or psychological condition
- any disability
- nature of questions and circumstances of
- nature of any threat, promise or representation made to defendant
When benefit is cancelled
WTA after 28days, letter sent and 10 days to resolve.
57B social security act - if risk to public safety and after good police attempt, benefit stopped immediately. Requires:
- 3yrs+ charge or
- any MAF, assault child or s49 DV or
- LTA driving under influence
- breach a sentence imposed as result of above
- offender conduct
S & S 7
Entry without warrant to arrest person unlawfully at large
- believe there
- place or vehicle
S & S 8
Entry without warrant to arrest person suspected of having committed an offence
- place or vehicle
- suspect imprisonable offence committed
- believe there
- if delay person may leave or evidential material destroyed
S & S 9
Stopping a vehicle without warrant to arrest a person
- unlawfully at large
- committed imprisonable offence
S & S 10
Your powers and duties after vehicle stopped under 9
- person to give details if
- suspect U.A.L
- committee I.O
- vehicle for person
- for evidential material
