LLB 130 Lecture Notes - Lecture 12: John Hatzistergos, Mr Ward, 2004 Palm Island Death In Custody
Week 12 – Criminal Process II
The process as punishment:
• Traditionally clear distinction between pre-trial processes (seen as investigatory or
administrative) and the trial which adjudicates guilty only after which is punishment
administered
• Pe-trial or other processes prior to determination of guilty are forms of
puishet ad they peede legal adjudiatio of guilty “ee Feeley, The Process is
the Punishment (1979)
Arrest and detaining for questioning
• S 114 LEPRA: power to detain after arrest for purpose of investigation
• Detaied pesos ights: ss -130
Investigation period: s 115
(1) The investigation period is a period that begins when the person is arrested and ends
at a time that is reasonable having regard to all the circumstances, but does not
exceed the maximum investigation period.
(2) The maximum investigation period is 6 hours or such longer period as the maximum
investigation period may be extended to by a detention warrant
- Certain times disregarded in calculating investigation period: s 117
- Detention warrant can extend investigation period beyond the 6 hrs (s 118(1));
by warrant extend period up to 6hrs (s 118(3))
Deaths in custody:
• ...a ajoity of Aoigial deaths i ustody i the yeas to 6% i fat
occurred not in prisons, but in police custody. 32% of the non-Aboriginal deaths in
this period also occurred in police custody, making a total of 38% of all deaths which
occurred in police custody. It is worth also noting that of the deaths which occurred
i piso ustody % ioled uoited pisoes eig held o ead. ‘
Hogg, Poliig ad peality, CB
Case examples:
• Deaths following police decisions to arrest for alleged criminal offences: see Mulrunji
(arrested re drunk and swore at police) (CB 304)
- Death following decision to deny bail: see Mr Ward (arrested re traffic offences
and refused bail) (CB 306)
- Death folloig potetie ustody fo eing intoxicated in public place: see
Cedrig Trigger and Kwementyaye Briscoe (both died in Alice Springs Watch
House)
- CCTV footage taken from the Watch House showed Mr Briscoe being dumped on
the floor of the reception area before being left unattended in a cell, where he
was found dead 5 hours later (Jan 2012) (CB 310)
find more resources at oneclass.com
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Inquest into the death of Terence Daniel Briscoe [2012] NTMC 032, 17 September 2012
(CB 310)
[227] Over the past four years, staggering numbers of persons have been processed through
the Alice Springs Watch House. The figures are:
1 April 2008 – 31 March 2009 – 12, 391
1 April 2009 – 31 March 2010 – 14, 444
1 April 2010 – 31 March 2011 – 9,515
1 April 2011 – 31 March 2012 – 9,356
[228] More than 122,000 people have been processed through the Watch House since 2004.
[230] I heard from officers that the main role for police performing general duties is to
detain inebriated Aboriginal people in protective custody and to respond to domestic
violence, usually fuelled by alcohol. ...
[238] I find that the care, supervision and treatment of the deceased while being held in
custody by the NT Police was completely inadequate and unsatisfactory and not sufficient to
meet his medical needs. This lack of care resulted in the death, that is to say, this death was
preventable and it should not have occurred.
[239]...In my view, the catalogue of errors is so extensive, and involved so many police
officers of various rank, as to suggest mismanagement for a period of time by Police
Coad at a level higher tha just local.’ (emphasis added)
Deaths in custody
Ms Dhu, a 22 year old Aboriginal woman, died on 4 August 2014, at Hedland Health Campus
(WA) whilst in police custody.
She had been arrested on 2 August 2014 under a Warrant of Commitment with respect to
unpaid fines totaling $3,622.00.
She was to be imprisoned for a four day period at South Headland Police Station Lock Up.
Mr Langnon, an Aborignal man, died on 21 May 2015, from heart failure in Darwin Police
Watch House. He died after 3 hours in custody having been arrested under then new
papeless aest las o suspiio of dikig alohol i Dai ity ete, a pohiited
place.
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find more resources at oneclass.com
Document Summary
Arrest and detaining for questioning: s 114 lepra: power to detain after arrest for purpose of investigation, detai(cid:374)ed pe(cid:396)so(cid:374)(cid:859)s (cid:396)ights: ss (cid:1005)(cid:1006)(cid:1007)-130. Certain times disregarded in calculating investigation period: s 117. Detention warrant can extend investigation period beyond the 6 hrs (s 118(1)); by warrant extend period up to 6hrs (s 118(3)) Deaths in custody: (cid:858)a (cid:373)ajo(cid:396)ity of a(cid:271)o(cid:396)igi(cid:374)al deaths i(cid:374) (cid:272)ustody i(cid:374) the yea(cid:396)s (cid:1005)(cid:1013)(cid:1012)(cid:1004) to (cid:1005)(cid:1013)(cid:1012)(cid:1012) (cid:894)6(cid:1004)% i(cid:374) fa(cid:272)t(cid:895) occurred not in prisons, but in police custody. 32% of the non-aboriginal deaths in this period also occurred in police custody, making a total of 38% of all deaths which occurred in police custody. It is worth also noting that of the deaths which occurred i(cid:374) p(cid:396)iso(cid:374) (cid:272)ustody (cid:1007)(cid:1004)% i(cid:374)(cid:448)ol(cid:448)ed u(cid:374)(cid:272)o(cid:374)(cid:448)i(cid:272)ted p(cid:396)iso(cid:374)e(cid:396)s (cid:271)ei(cid:374)g held o(cid:374) (cid:396)e(cid:373)a(cid:374)d. (cid:859) (cid:894) . Case examples: deaths following police decisions to arrest for alleged criminal offences: see mulrunji (arrested re drunk and swore at police) (cb 304)
