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Obtaining Evidence

NCJ Number
81204
Journal
Magazine of the Australian Section IPA Volume: 2 Issue: 5 Dated: (1980) Pages: 89,91,93,95,97,99
Author(s)
R F Gainsford; R L Noakes
Date Published
1980
Length
6 pages
Annotation
This article offers guidelines for police officers in the United Kingdom and Australia on conducting an investigation that produces admissible evidence in court, with particular attention to suspect interrogation and interviews.
Abstract
A police officer initially should examine the reasons for an investigation and the likelihood that it will produce a positive result. If possible, officers should not interview suspects until obtaining evidence that affords reasonable grounds for suspicion and places them in a position of strength. A written set of questions can be helpful, and the officer must be familiar with the Judges Rules on admissible evidence. The Rules' main object is to ensure that statements to the enforcing authority are made voluntarily, and particularly that the officer cautions suspects before questioning them. Rule 4 specifies a strict procedure for written statements, and officers should have properly prepared forms available for taking such statements. Courts have rules that witnesses can refresh their memories by references to notes, as long as the notes were made at the time of the incident or very shortly afterwards. Officers' notes should be written in pen in a notebook that consists of numbered pages with no blanks and be signed and dated by at least two officers. The use of tape recordings and photographs in court should be treated with caution because of security and copying problems. Written statements given in lieu of personal attendance at a hearing by witnesses should be completed by the investigating officer with a copy to the witnesses.