3.1 – Police Powers – Questioning
Suspects
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http://www.theage.com.au/news/national/exdetectives-admit-to-bashingsuspect/2008/02/25/1203788246914.html

http://www.heraldsun.com.au/news/alleged-video-of-policedetectives/story-e6frf7jo-1111115791069
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Case Study (Role of the Police)
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Detective Senior Constable Raymond Brady got the call that a murder had taken
place at a nearby cafe. Within minutes he was at the crime scene and had the
body immediately removed and the blood stains quickly cleaned away. Witnesses
who were at the scene were told to leave the area immediately. Detective Brady
gave instructions to have a knife he found with blood on it cleaned and returned
to the cafe kitchen. When Detective Brady interviewed his prime suspect he said
‘if it takes all night to find out about this murder, then that's how long you'll be
here’.
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Point out how shows like CSI are not like real criminal investigation in Australia.
Those acting in CSIhave a combination of duties such as crime scene investigation,
forensic science and detective work but, in Victoria Police, these duties are split
into three different positions.

Pick the faults
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Scenario – Police Questioning
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Have you ever been stopped and questioned by police?

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What was the matter about?
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Do you think police had the right to question you?
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Do you have to answer all questions police asked you.

Right to silence apply?
The government has changed the search laws in Victoria. It is now possible for
police to search for a knife in certain areas at certain times. Draw up a list of
places where searches are routinely carried out (not necessarily by the police)
and provide reasons why these searches occur at these places.
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When a police officer asks you questions

If asked questions by police you do not have to answer as you have the right
to remain silent.
UNLESS

They are entitled to ask for your name and address if they believe:

you have committed, or are in the process of committing, an offence (the offence
can be either an indictable or summary offence)

you may be able to assist them with their investigations regarding an indictable
offence.

Police may ask your name and address even if they do not believe you have
committed an offence, or are about to commit an offence, in the following
situations:

you are driving a motor vehicle or a motorbike

the police believe you may have information that will assist them in their investigation of
an indictable offence

under terrorism laws, you are in an area that is named in a court order, or the police
reasonably believe you are named in the court order, or in the care of a person named in
the court order.
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Am I allowed to ask any questions of the
police officer?
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you have the right to ask the police
for their name, rank, police station
and identification number if they
have not already given you this
information.
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Case Study – Can police intercept your
car for no reason?
Magnus Kaba, 21, from the Ivory
Coast, was a passenger in a car
stopped by police in Ascot Vale
in April 2012 as part of a random
routine intercept. Mr Kaba has
been charged with a number of
offences including assault after
an altercation when one of the
police officers asked to search
the car.
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Apprehending a suspect
An arrest may be made without
obtaining a warrant (formal court
approval) and can be made by any
person, whether a member of the
police force or not.
When a person is not a police officer
and makes an arrest, it is often
referred to as a ‘citizen's arrest’.
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Section 458 of the Crimes Act
(Finds Committing)
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to ensure the person appears before the police or court
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to preserve public order
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to prevent the continuation or repetition of the offence or the commission of
a further offence

for the safety or welfare of members of the public or of the offender

he or she is instructed to make the arrest by a member of the police force
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there are reasonable grounds to believe that the person is escaping from
legal custody, or assisting another person to escape from legal custody.
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Section 459 of the Crimes Act
(Indictable Offences)

A police officer may make an
arrest on the suspicion that a
person has broken the law
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Apprehending a suspect
Warrant
Request to attend police
station
It is up to the discretion of the police to
decide to make an arrest with or without
a warrant.
A warrant provides police with the
court's permission to take a person into
custody and keep that person in custody
until officially released by police.
A warrant may be obtained when police
are;

searching for a suspect,

a prisoner has escaped,
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Bai conditions have been breached

person summoned to court fails to
appear.
there is no obligation to go unless you
are under arrest, asked to take a
breathalyser test, or police believe
that you should be placed into their
protection.
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What happens once you have been
arrested?
Police are entitled to detain you for
what is known as a ‘reasonable time’.
What is reasonable of course depends
on the complexity of the case being
investigated.
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Witness statements
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Scene examination
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Evidence examination
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Suspect to sleep
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Interview preperation
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Detaining & Questioning
Detention for a
reasonable time
The right to contact a Lawyer or friend
Police Caution
A person does not have to go to a
Police Station unless under arrest
If not charged with an offence after a reasonable
time a person must be released
Before the police ask a suspect any
questions they must caution
the suspect about their rights. The
police must tape the caution
given at the beginning of any
police interview stating that the
suspect is ‘not obliged to say or do
anything but anything you
say or do may be given in
evidence’.
A person must be told why they are
under arrest
A person has the right to communicate with a lawyer
or friend unless it is feared that it will result in
destruction of evidence or the escape of an
accomplice
A person may be lawfully detained
for a reasonable time
If a lawyer attends the station, the suspect should be
able to communicate privately before questioning
and have the lawyer present for questioning
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Detaining & Questioning
Police Interviews
The right to silence
The right to an
interpreter
Police interviews relating to
indictable (serious) offences must
be audio taped or videotaped. In
minor offences, the police
can write down the questions and
answers and use these notes as
evidence in court.
While the community expects to assist police in their
investigations, a suspect in a crime cannot be forced
to answer police questions — except in particular
circumstances where police can ask for a person’s
name and address.
The police must provide an
interpreter when
questioning non-English speaking
suspects.
The right to a person in
attendance
Photographs
Identification Parades
People under 18 must have a
parent, guardian or independent
person with them during police
questioning.
The police may want to take a suspect’s photograph
while in police
custody but a person can refuse to give the police
permission to do so.
A person can refuse to take part in
an
identification line-up.
It is ALWAYS advisable to offer, when asked, your
name and address.
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Your Turn
Complete questions 1 – 6
located on page 70 of text
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