After Arrest
What happens after a person is arrested? This chapter explains the process post-arrest and details the types of action that a police officer can take (interview, questioning, statement and laying charges) and cannot take (involuntary confessions, malicious prosecution). Also considered is different types of bail and factors relevant to determining bail and bail conditions.
Interviews and Talking with the police
But we were just talking! There is no such thing as an ‘off the record’ conversation with a police officer, irrespective of the time or place of such a conversation. This includes overheard conversations. However due to alleged abuses in the past, it is now expected that any admissions of the ac...
Questioning
The police have the power to ask questions before charging a person. Questioning may be informal (for example, by way of conversation) or formal (for example, by way of a record of interview). After being charged, the person should only be questioned where necessary to prevent loss to some other ...
Statements
Sometimes it will be in a person’s interests to make a statement, if possible, with the advice of a lawyer. It is important, therefore, to request to speak to a lawyer. It may be desirable to talk to police if the person has a valid explanation for their behaviour: for example, in a case of th...
Getting Help
There is no absolute legal right to have an independent witness or a lawyer present during questioning - but in Tasmania you are generally entitled to have a lawyer present. The courts have decided that police must tell the arrested person that they have a right to communicate. In addition, any p...
Unlawful Police Action
Involuntary Confessions A confession is not admissible as evidence in court unless it was made voluntarily. To be voluntary a confession must be: of a suspect's own free choice; and not be made as a result of oppressive conduct, for example, intimidation, violence, promise, threat, undue...
Interviews, Examinations and Line-ups
Medical Examinations The Forensic Procedures Act 2000 authorises medical examinations of persons suspected of, or charged with offences in the detailed circumstances which it specifies. No forensic procedure on a person under ten years of age is permitted (s4). The procedures authorised under...
Criminal Charges and Bail
Charging Criminal proceedings are started by a formal allegation (charge) by, say, a police officer, that a person did something which is forbidden by law. A suspect cannot be dealt with until they have been formally confronted with the allegation. Police Bail Police have the power to grant ba...
Bail
Charging ‘Bail’ is an undertaking which secures the release from custody of a person charged. It is conditional upon that person appearing in court at a specified time and place. There may be several further conditions placed upon a person, depending on the seriousness of the offence alleged to ...
Extradition
'Extradition' is where a person is sent from one state (or country) to another to be tried for a criminal offence. A justice in one state issues a warrant for the arrest of a person (Service and Execution of Process Act (Cth) 1992). The warrant is taken to the state where the person lives, say, ...
Page last updated 19/03/2018