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3.1 – Police Powers – Questioning Suspects  suspect/2008/02/25/1203788246914.html.

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Presentation on theme: "3.1 – Police Powers – Questioning Suspects  suspect/2008/02/25/1203788246914.html."— Presentation transcript:

1 3.1 – Police Powers – Questioning Suspects  suspect/2008/02/25/1203788246914.html suspect/2008/02/25/1203788246914.html  detectives/story-e6frf7jo-1111115791069 detectives/story-e6frf7jo-1111115791069 1

2 Case Study (Role of the Police)  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’.  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 2

3 Scenario – Police Questioning  Have you ever been stopped and questioned by police?  What was the matter about?  Do you think police had the right to question you?  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. 3

4 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. 4

5 Am I allowed to ask any questions of the police officer?  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. 5

6 Case Study – Can police intercept your car for no reason? 6 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.

7 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’. 7

8 Section 458 of the Crimes Act (Finds Committing)  to ensure the person appears before the police or court  to preserve public order  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  there are reasonable grounds to believe that the person is escaping from legal custody, or assisting another person to escape from legal custody. 8

9 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 9

10 Apprehending a suspect Warrant 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,  Bai conditions have been breached  person summoned to court fails to appear. Request to attend police station 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. 10

11 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.  Witness statements  Scene examination  Evidence examination  Suspect to sleep  Interview preperation 11

12 Detaining & Questioning 12 Detention for a reasonable time The right to contact a Lawyer or friendPolice 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 12

13 Detaining & Questioning 13 Police InterviewsThe right to silenceThe 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. It is ALWAYS advisable to offer, when asked, your name and address. The police must provide an interpreter when questioning non-English speaking suspects. The right to a person in attendance PhotographsIdentification 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. 13

14 Your Turn Complete questions 1 – 6 located on page 70 of text 14

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