According to Section 4, Evidence Act 2006, what is a “statement”
(a) spoken or written assertion by a person of any matter; or
(b) a non-verbal conduct of a person that is intended by that person as an assertion of any matter
According to Section 82, Criminal Procedure Act 2011, what is a “formal statement”
(1) A formal statement is a statement recorded in any medium by a person who is a potential witness in a criminal proceeding where -
(I) the statement contains the evidence of that witness; and
(ii) the statement contains, or is accompanied by, a declaration by the witness that the statement is true and that the witness made it with the knowledge that it is to be used in court proceedings.
What should a description of an offender include?
- Height
- Age
- Race
- Build
- Sex
- Hairstyle and Colour
- Complexion
- Distinguishing features
- Clothing
- Carrying anything (objects)
ADVOKATE
A memory aide to ensure sufficient details are included in the statement when obtaining evidence as to the identity of any suspect/s
A - Amount of time under observation
D - Distance from the witness and suspect
V - Visibility (time of day, weather)
O - Obstruction (obstructed view?)
K - Known or seen before?
A - Any reason to remember? (Distinguishing features etc)
T - Time lapse (how long since saw the suspect)
E - Error or material discrepancy (between descriptions given between first and subsequent accounts)
What are the 5 practices notes?
Guide lines for police when interviewing subjects
- Police can ask questions but persons not obliged to answer
- Suspect being interviewed must be given BORs
- Suspects should not be cross examined (repeat questions)
- Co offender B can be showing or have read excerpts from co offender A’s statement
- (A) - suspects should be interviewed on video
(B) - suspects should be given opportunity to read/view their statement
