Dr Manhattan posted earlier this week about Wallace v Debs & Anor [2009] VSC 355, dealing with an application made by Victorian police on behalf of NSW police to interview a suspect already in custody.A comment there gave me the idea of discussing the status of various investigators who aren't from Victoria.Crimes Act 1958 Part …
Tag: custody
"Off the record" admissions
It's not uncommon for a suspect to disclose their involvement in an offence to investigators "off the record", but protest their innocence or make no comment when formally interviewed.Why someone would do this is difficult to understand. It would appear far more logical for a person to approach their dealings with police with a particular …
"Off the record" admissions
It's not uncommon for a suspect to disclose their involvement in an offence to investigators "off the record", but protest their innocence or make no comment when formally interviewed.Why someone would do this is difficult to understand. It would appear far more logical for a person to approach their dealings with police with a particular …
Caution under the new Evidence Act
A familiar debate amongst summary-jurisdiction-practitioners is if an accused is entitled to a caution against self-incrimination before being questioned about a summary offence. While there's always been a judicial discretion to exclude evidence unfairly obtained, there's only an actual statutory requirement for the police to give a caution for a summary offence in very limited …