There have been numerous occasions where the police have alleged that our clients have made admissions to the police in relation to offences. An admission is simply any statement made by a person that is against that person’s interests. We have noticed a significant increase in the number of "admissions” appearing in police statements and notebooks in uncorroborated circumstances.
That is, the admissions are neither recorded nor signed by the client as a true reflection of what was said. They are commonly known as “police verbal's”. Most people assume that if a police officer says something then it must be true. Before jumping to that conclusion, have a think about the following comments: “I always suspect these confessions, which are supposed to be the offspring of penitence and remorse, and which nevertheless are repudiated by the prisoner at the trial.
It is remarkable that it is of very rare occurrence for evidence of a confession to be given when the proof of the prisoner’s guilt is otherwise clear and satisfactory, but when it is not clear and satisfactory the prisoner is not infrequently alleged to have been seized with the desire born of penitence and remorse to supplement it with a confession; a desire which vanishes as soon as he appears in a court of justice.” (Cave J in Thompson [1893] 2 QB 12 at 18) “Very very frequent – on most occasions, actually…it was just accepted…I grew up with it…..I think it is a worldwide practice, actually…..it was a widely accepted practice” (Q. Dempster, Honest Cops, Sydney, 1992, pp 116-120) In 1991, a former New South Wales Detective Sergeant admitted that: “Verbal's are part of police culture… Police would think you’re weak if you didn’t do it.
And prisoners think a policeman who doesn’t give him a few words of verbal isn’t worth his salt….The hardest part for police was thinking up excuses why people didn’t sign up.” Thankfully most jurisdictions have moved towards a legal requirement that most interrogations be recorded on tape. The arguments for some kind of audio or video recording of the police custodial interrogation are irrefutable.
Unfortunately in the Local Court jurisdiction in New South Wales the blanket protection for the requirement of admissions to be recorded does not exist. The process is far more complicated and requires compelling arguments to be placed before the court. It would surprise most people to know just how serious the offences are that are heard in the Local Court that do not require admissions to be recorded.
Matters such as assault, assault occasioning actual bodily harm, larceny under $5000, stalking and intimidation offences are not afforded the protection, despite serious custodial sentences available on findings of guilt and the fact that these offences account for a large proportion of people in our correctional centres.
Please do not hesitate to contact Michael Burke of our Crime and Traffic Team if you require further advice.
