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Police Interrogation of Aborigines (From Criminal Injustice System, P 36-67, 1982, John Basten et al, eds. - See NCJ-93089)

NCJ Number
93090
Author(s)
N Rees
Date Published
1982
Length
32 pages
Annotation
Following the development of arguments for having special rules to govern police interrogation of Aborigines, the rules regulating police interrogation in the various Australian jurisdictions are examined, and a Federal bill that would provide a uniform approach to police interrogation of Aborigines throughout Australia is explained.
Abstract
There are many arguments which can be advanced in support of the contention that there should be different laws for Aborigines or that in applying the same laws to Aborigines, the courts should be prepared to consider different facts: (1) Aborigines are particularly vulnerable to police interrogation techniques; (2) police treat Aborigines differently; and (3) Aborigines experience greater difficulty than other members of the community in exercising the right to refuse to answer questions. Some Australian jurisdictions have recognized that the present deficiencies in the law have a significant impact upon Aborigines. To redress this situation, various rules have been created to regulate police questioning of Aborigines. The police standing orders in Queensland and the Australian Capital Territory dictate procedures to be followed when Aborigines are interrogated. In South Australia, a police circular governs police conduct in their dealing with Aboriginal suspects. In Western Australia, a statute enables a court in limited circumstances to reject a confession of an Aboriginal defendant. The Anunga Rules are used in the Northern Territory as judicial guidelines for police when questioning Aborigines. In New South Wales, Victoria, and Tasmania, the legislatures, the courts, and the police commissioners have seen no need to stipulate any special procedures for the police when interrogating Aborigines. At the Federal level, Senator Neville Bonner introduced the Aborigines and Islanders Bill into the Senate for the third time on March 5, 1981. The bill specifies procedures to be followed by State and Federal police in the investigation of an Aboriginal or an Islander with respect to a criminal offense. It is unlikely that this bill will be passed by both houses of the Federal Parliament; however, it may be acceptable to some State legislatures in a modified form. The appendixes detail some of the rules governing the interrogation of Aborigines, and 67 notes are listed.

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