This week’s article is impressed by an incident which occurred final week.
It’s each a cautionary story and an instance of how minor actions can subvert our prison justice system. Whereas out buying, my spouse was hailed by a taxi driver.
She advised him her vacation spot, agreed on a value, and hopped into the again passenger seat subsequent to a gentleman sharing the identical taxi. Each taxi driver and passenger had been middle-aged and well-dressed.
The cheery taxi driver greeted her “Good afternoon” and my spouse replied “I hope not!” figuring out that it was nonetheless a late morning. The taxi driver then requested the precise time because the clock on his dashboard gave the impression to be defective.
My spouse unzipped her shoulder bag, took out her telephone and gave him the right time. She then slipped the telephone again into her bag however earlier than she had an opportunity to zip it up the motive force stopped the automobile at a junction, requested her vacation spot once more after which mentioned she ought to alight as he was going a distinct approach.
She reached for the door deal with, considerably confused and stunned by this flip of occasions. The door wouldn’t open. The motive force leant over from the entrance seat to press the lock up and down. The passenger reached throughout her and pushed and pulled the door deal with.
The door opened, she stumbled out and the taxi drove off. She went to hail one other taxi and out of the blue realised her telephone was lacking. It should have been snatched by the passenger when he reached over to assist open the door.
So, readers, beware when getting right into a taxi and maintain tight to your valuables! In a state of shock and panic, she made her approach to the closest police station.
The policemen had been very sympathetic to her scenario and advised her she had been prey to a standard trick utilized by thieves to steal telephones and cash.
She knew that she wanted to cancel her SIM playing cards shortly earlier than the thieves tried to steal farther from her cellular cash account however she needed to provide particulars to the police simply in case they had been in a position to apprehend the thieves.
She knew her telephone was misplaced endlessly. Due to this fact, she gave a press release which one of many policemen wrote down. As soon as the assertion was full the policeman summarised it aloud to her however didn’t learn it verbatim. She was then requested to signal and thumbprint the assertion.
Rudiments
Now, though my spouse isn’t a lawyer, she has spent sufficient time dwelling with me to know and perceive the rudiments of legislation. In her shocked and susceptible state, it didn’t happen to her that she hadn’t learn by means of the assertion herself earlier than signing it.
On this scenario, her being the sufferer and never an accused individual, it appears extremely unlikely that the policeman wrote down something apart from what she advised him.
Nonetheless, it demonstrates how, when confronted by a disturbing occasion, even essentially the most educated individuals might be led to signal one thing they haven’t learn by means of themselves.
This leads us to query how an accused individual, really or falsely accused, would possibly react when arrested by police and required to make a press release.
I need to stress that I make no accusations in opposition to the police, however we’re all responsible of creating assumptions and harbouring unconscious bias.
If my spouse, a mature, educated girl with information of the operation of the prison justice system can enable herself to signal a press release that she hadn’t learn herself, how then are we stunned when an uneducated, accused individual indicators and thumbprints a press release which he/she later claims is wrong?
Position
Police questioning performs an important function in unravelling crime, and thus, an vital cog within the detection of crime, not least for gathering proof and figuring out suspects.
On the identical time, the interrogation room can be a high-pressure surroundings the place the steadiness of energy is decidedly skewed in favour of the police.
It’s, due to this fact, completely obligatory for there to be safeguards for the accused individual throughout this course of, as in most situations, it’s the single course of that may decide the end result of any future trial.
My spouse’s benign expertise has strengthened my conviction that the help of counsel throughout police questioning is vitally vital.
Additionally, the necessity for voice/video recording of interrogations is compelling on condition that statements are ultimately relied upon at trial and may determine whether or not a responsible or harmless verdict is delivered.
The author is a lawyer.