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NCJRS Abstract

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NCJ Number: 97805 Find in a Library
Title: Reforming the Law of Criminal Investigation
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
Page Count: 12
Format: Article
Language: English
Country: Australia
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.
Index Term(s): Australia; Criminal investigation; Electronic surveillance; Exclusionary rule; Law reform; Right of privacy; Suspect interrogation
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