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Wood Royal
Commission on
Police Corruption
- Submission outline
- JA Submission
- Prisoner Survey
- Interim Report
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- THE WOOD ROYAL COMMISSION,
- THE PREMIER MR CARR, AND
- THE ATTORNEY GENERAL MR SHAW QC
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- ENSURING FULL POLICE DISCLOSURE:
- BOARD TO INTERVIEW OFFICERS AND INVESTIGATE CASES
- ESTABLISHMENT OF ONGOING INDEPENDENT REVIEW AUTHORITY
IT IS THE SUBMISSION OF JUSTICE ACTION THAT:
A. Details need to be outlined with respect to the procedure to be followed when a police officer admits to fabrication, suppression or improperly obtaining evidence in testimony before the Wood Royal Commission ("the Commission") or in a statement submitted for the purpose of obtaining an amnesty.
- 1/ An independent board should be created as a matter of urgency, with adequate powers of investigation ("the Board"), to fulfil the following functions:
- a) Interview the officer with the aid of the officer's casebook. This should involve going through the case-book in detail and asking the officer whether in specific cases s/he or any other officer engaged in improper conduct in obtaining evidence or giving evidence to the Court.
b) Cross-reference the officer's name with the records of complaints bodies including the Ombudsman's Office, the Police Complaints Tribunal and ICAC.
c) Investigate those cases where improper conduct is admitted or alleged. This should include calling other officers involved and requesting information from the prosecutor and the accused's legal representatives.
d) In appropriate cases the Board should have the power to make recommendation that the conviction in question is unsafe, refer the matter to the Court of Criminal Appeal, or refer the matter to the appropriate court for re-hearing. In each case legal aid should be made automatically available.
2/ A. The effect of a police officer failing to disclose all relevant information at the interview should be the withdrawal of any amnesty.
- B. The Board should provide the basis for an independent authority to address cases involving miscarriages of justice as ongoing to an integral part of our legal system, similar to the Criminal Cases Review Authority in the United Kingdom.
| | Author: JusticeAction | Further Reference:
JA's submission; Interim Analysis
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