Representing Mentally Ill and Intellectually Disabled Clients in QLD

13.0 - Police Investigations

Police investigate alleged offences by obtaining physical evidence and attempting to interview witnesses, including the defendant.

The police may arrest the defendant and take him or her to a police station for further questioning. Then the police may file charges and issue a 'Notice to Appear', which briefly outlines the alleged offence. The defendant has fourteen days to appear in the nearest Magistrates Court and should spend this time seeking legal representation.

Police officers enjoy considerable discretion in discharging their powers and responsibilities. Where there is some doubt as to a person's mental capacity, the Police may exercise their discretion to issue a warning rather than lay charges.

Police Interviews

Section 422 of the Police Powers and Responsibilities Act 2000 (Qld) requires police to source a support person to be present prior to (without being overheard), questioning the suspect where a disability is apparent and in circumstances that are practicable. The support person must be independent of the police service and can be a parent or guardian of the person with a disability.

It is the role of support persons to actively ensure that the disabled person understands what is happening at the interview, and, does not feel undue pressure by the police officers. The most prudent support person will advise the disabled person to seek legal advice prior to participating in any interview with the police.

If police fail to observe these procedures, any statements and/or admissions, may be inadmissible as evidence, and, may result in disciplinary action for the police officers concerned.

Considerable research indicates that a person with impaired capacity is more likely to admit to offences, including those offences that they may have not committed, due to a desire to please an authority figure (police) or a desire to conceal the fact they do not understand the questions asked. Thus, they may be more likely to respond affirmatively to questions despite the question's content.