Individual rights and the police

1. Individual rights and the police

2. What did we look at yesterday? • Spend two minutes talking to your table about what we did yesterday

3. Detaining and questioning A person does not have to go to the police station for questioning unless under arrest. A person must be told why they are under arrest. If a person is taken into custody for questioning, he or she must be: • released from police questioning unconditionally within a reasonable time of being taken into custody. What is a reasonable time depends on the circumstances in the situation, including how long it has taken to get the person into custody, the number of people to be interviewed, any delays such as time taken for a lawyer to attend or • released on bail or • brought before a bail justice or the Magistrates’ Court within a reasonable time of being taken into custody.

4. Individuals’ rights during questioning Police caution 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’.

5. The right to contact a lawyer and a relative or friend • Before questioning begins, an investigating official must inform the person in custody • that he or she may communicate with a friend or relative to inform them of his or her whereabouts and may also communicate with a lawyer. • A person has the right to communicate with a lawyer and a relative or a friend unless it will result in the escape of an accomplice or the destruction of evidence. • If the lawyer attends the police station, the suspect should be given the opportunity to speak with the lawyer in private and may have the lawyer present during questioning.

6. The right to silence: • 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. A person can refuse to make a statement. Taping of police interviews: • Police interviews relating to indictable (serious) offences must be audiotaped or videotaped. In minor offences, the police can write down the questions and answers and use these notes as evidence in court.

7. The right to a person in attendance: • People under 18 must have a parent, guardian or independent person with them during police questioning. The right to an interpreter: • The police must provide an interpreter when questioning non-English-speaking suspects. Photographs: • 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. • Identification parades • A person can refuse to take part in an identification line-up.

8. Fingerprints Fingerprints include: • finger • palm • toe • sole prints. Fingerscanmeans fingerprints taken by means of a device to obtain a record of fingerprints. Police can fingerprint (or electronically fingerscan) a suspect over 15 years of age without permission if the person is believed on reasonable grounds to have committed an indictable offence or a summary offence. If the suspect refuses to cooperate then reasonable force may be used. The process should be audiotaped or videotaped. Rules relating to age restrictions include: • a suspect between 10 and 15 years of age can be fingerprinted if the suspect and their parent or guardian agree. Otherwise the police must obtain a Children’s Court order • the police cannot fingerprint a suspect under 10 years of age. Fingerprints must be destroyed after six months if the person has not been charged with the crime, the charges are not proceeded with or the person is found not guilty. The person must be informed when the prints are destroyed.