LAW4323 Study Guide - Final Guide: Indictable Offence, Obiter Dictum, International Covenant On Civil And Political Rights
Document Summary
Discretion to exclude improperly or illegally obtained evidence (s 138) Arrest without warrant: a police officer may arrest a person if they believe, on reasonable grounds, that the person has committed an indictable offence (s 459, see also s 458. Reasonable time in detention before release/bail/brought to bail justice (s 464a(1)) Considerations: time required to bring d to court, number and complexity of offences, transportation to interview facilities, time taken to communicate with l; friend; relative, etc. , need to receive medical attention, need to rest. No questioning unless in custody" (s 464a(2)(b): a person is in custody" if under lawful arrest; or in the company of an investigating official being questioned/to be questioned and there is sufficient info to arrest (s 464(1)) Rights during questioning: cautioned before questioning with investigating official (s 464a(3), right to communicate/attempt to communicate with friend/relative and lawyer (s 464c) If english difficulties, right to communicate/attempt to communicate with an interpreter (s 464d)
