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Reforming the Law of Criminal Investigation

NCJ Number
97805
Journal
Australian and New Zealand Journal of Criminology Volume: 17 Issue: 4 Dated: (December 1984) Pages: 195-206
Author(s)
G Evans
Date Published
1984
Length
12 pages
Annotation
A proposal for a bill reforming the Criminal Investigation Law to be presented to the Australian Parliament in 1985 is discussed.
Abstract
Objectives of the bill focus on three considerations: the extent to which police should be able to keep a suspect in custody -- legal or de facto -- for the purpose of questioning or carrying out other investigation procedures; the regulation of police questioning of suspects; and rules as to the exclusion of evidence obtained in contravention of laws governing the conduct of investigations. Safeguards to protect the interests of certain minority groups -- Aborigines, non-English speakers, and children -- are recommended. It is concluded that electronic surveillance rights may be granted only under the following conditions: restriction to very serious crimes and in cases where a warrant is granted at the Federal or Supreme Court level. In addition, it is recommended that electronic surveillance be restricted to a maximum of 30 days and be subject to public accountability. Thirty-one references are listed.