Comments

This paper may be referenced as [2008] UNSWLRS 28.

Abstract

Drawing on research into audio-visually recorded interrogations in New South Wales, this paper comments on the implications for criminal justice in jurisdictions facing problems and controversies in the questioning of suspects. It considers whether various benefits and harms which were predicted to flow from audio-visual recording have eventuated, focusing on two issues – the interpretation of images and unrecorded questioning. Its conclusion is that audio-visual recording offers significant benefits to criminal justice, but is no panacea (and can even be counterproductive if treated as such). Audio-visual recording has to be part of a comprehensive regulatory regime: the paper concludes by arguing for a renewed commitment to the legal regulation of policing.

Disciplines

Criminal Law | Criminal Procedure

Date of this Version

May 2008