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  • 05 Criminal Offences, Penalties and Sentences
  • After Arrest
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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. However, the courts have decided that a lawyer should be allowed to be present if requested by the suspected person and the interrogation should be delayed a reasonable time for the suspect to ...

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

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