NCJ Number
45151
Date Published
1975
Length
247 pages
Annotation
LEGISLATIVE REFORMS AIMED AT SAFEGUARDING INDIVIDUAL RIGHTS AND LIBERTIES IN THE COURSE OF CRIMINAL INVESTIGATIONS CONDUCTED BY THE AUSTRALIAN POLICE ARE PROPOSED.
Abstract
EXISTING PRACTICES ARE DESCRIBED AND REFORMS SUGGESTED RELATIVE TO THE CONDUCT OF INVESTIGATIONS; THE POWERS OF ARREST, SEARCH, AND SEIZURE; THE RIGHTS OF PERSONS DETAINED IN CUSTODY TO ACCESS TO LEGAL ADVICE, PROTECTION AGAINST COMPULSORY SELF-INCRIMINATION, SPEEDY ACCESS TO A JUSTICE OR MAGISTRATE, AND HUMANE AND DIGNIFIED TREATMENT; RIGHTS WITH RESPECT TO BAIL AND SPEEDY TRIAL; THE RIGHT TO REPRESENTATION AND OTHER MEANS OF ENSURING FAIR TRIALS; AND OTHER MATTERS. THE REPORT COVERS ARREST PROCEDURES; PROCEDURES SHORT OF ARREST; CUSTODY AND CUSTODIAL INVESTIGATION; QUESTIONING AND THE RIGHT TO SILENCE; RELEASE AND BAIL; SEARCH, SURVEILLANCE, AND ENTRAPMENT; USE OF CRIMINAL INTELLIGENCE DATA; SPECIAL PROBLEMS OF MINORITY GROUPS; SPECIAL PROBLEMS IN REMOTE AREAS; AND ENFORCEMENT OF RULES. THE THRUST OF THE PROPOSALS IS TOWARD RECOGNIZING, CONTROLLING, AND USING -- IN THE INTERESTS OF THE ACCUSED AS WELL AS THE AUTHORITIES -- MODERN TECHNOLOGY. THE PROPOSALS ALSO REFLECT AN ATTEMPT TO DEEMPHASIZE ARREST AND TO ENCOURAGE PROCEEDINGS BY SUMMONS. A BIBLIOGRAPHY, REFERENCES TO LEGISLATION AND COURT CASES, A DRAFT COPY OF PROPOSED CRIMINAL INVESTIGATION LEGISLATION, AND AN INDEX ARE INCLUDED. (LKM)