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Exercise of Police Powers in Queensland: The Defendant's Perspective

NCJ Number
171503
Journal
Australian and New Zealand Journal of Criminology Volume: 30 Issue: 3 Dated: (December 1997) Pages: 217-236
Author(s)
A Edwards
Date Published
1997
Length
20 pages
Annotation
This article reports on a survey that collected information about police arrest, questioning and search procedures from the perspective of people who had been subject to the procedures.
Abstract
The survey collected information from 489 defendants appearing in Queensland Magistrates Courts. The primary objectives of the study were to identify any problems with current police powers and to establish baseline measures to assist in monitoring the implementation and impact of any new legislation. According to the survey, police in Queensland often detain suspects without informing them of their legal status; rarely inform indigenous suspects of their right to have an independent third person present; sometimes do not inform suspects of the reason for a search; and often neglect to provide suspects the opportunity or sufficient time to read search warrants. On the other hand, the survey suggests that there is broad compliance with the requirement to audio-record formal interviews, warnings are almost always provided before the start of a formal interview, and there is a high level of compliance with the requirement to provide juveniles with an independent third person during formal interview. Notes, tables, figures, references