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QLD Police Constable Powers in Relation to Indictable Charges?

Discussion in 'Criminal Law Forum' started by AnthonyC, 16 July 2017.

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  1. AnthonyC

    AnthonyC Well-Known Member

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    I am very interested in knowing what powers a "Plain Clothes Constable" has in Queensland, particularly in their First / Second years of service (eg. the First Year Constable Program or the subsequent year).

    Would they generally be expected to have the authority to perform Investigations and Arrests for serious Indictable matters to go before the District Court? For example, an Indictable Charge that can attract a penalty of up to 14 years jail?

    I should add that I would find it somewhat disturbing if that were so - in comparison to Medical Professionals, would someone in their First / Second year be qualified to perform an expert diagnosis on a suspected illness that could result in a extremely risky and expensive operation which could have a very great impact on the Patient's Life?

    Surely the Police Officer would at the very least require extensive training in Interviewing and Investigative Skills before being allowed to tackle this particular category of Cases?

    It would be all too easy for a Junior Officer to get it wrong or try too hard and come up with an incorrect assessment of the facts. What kind of supervision and safeguards are in place to prevent such a thing happening?
     
  2. Tim W

    Tim W Lawyer
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    The powers of a plain clothes constable are exactly the same as those of a constable in uniform.
    It's the work and the level of supervision that can vary.
    It's not a question of "authority".
    Fewer people die or suffer serious injury at the hands of early career police
    than at the hands of early career doctors.
    In any event, patients almost always submit to medical treatment by consent.
    By comparison, relatively few people are investigated by consent.
    That's a question of supervision, not authority.
    Early career police are typically more closely supervised than more experienced police. Even in Queensland.

    What's the background to your question?
    Are you an offender? Or a victim?
    Or are you somebody who is dissatisfied with
    what they think is a less than adequate investigation
    of something that happened to someone else?
     
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  3. AnthonyC

    AnthonyC Well-Known Member

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    I have more than strong suspicions that a 26-year-old Cop falsified my Charge Sheet and initiated an unlawful Arrest. The circumstances as stated on the QP9 did not exist, nor had they been suggested in any form whatsoever. Nowhere in the Complainant's testimony or anywhere else was that particular sequence of events even hinted at. I can only surmise that this was done with the express purpose of getting the Case past his Superiors and "out the gate".

    The charge was eventually dropped late in the piece and replaced with a different (and even more unfounded) allegation. This led to an "almost" hung Jury, a Conviction and a Jail Term, with corresponding loss of Career and Reputation. However, it is now abundantly clear that the "evidence" of the alleged Crime for which I was Convicted would not be acceptable in any Court in the world, and was absolutely not fit to be placed before a Jury.

    Obviously much of the blame lies with the Officer, who through inexperience, negligence or wilful perversion of Justice has produced a False Document (the QP9), and carried out a False Arrest. It is not a situation in which he could have genuinely made a mistake, or accidentally / unknowingly misconstrued what was in the Testimony. And once the Prosecution was launched, there was obviously great reluctance to discontinue it.

    I am greatly interested in knowing what sort of protections there are for the average person out there against such failures of Justice.
     
  4. Tim W

    Tim W Lawyer
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    Ah yes, having looked back at your other posts,
    now I remember you.
    You have already received extensive assistance here.

    Not that I speak for them, but while the lawyers here are generally happy
    to answer specific questions (such as the one you posted above about the powers of a constable),
    few, if any, of us will be willing to address your personal suspicions, beliefs, and opinions,
    nor your personal resentment and/or disagreement with what the court has found to be fact.

    Further, while you may say what you like about the quality of policing in Queensland,
    you may be quite sure that the courts themselves are indeed most rigourous.

    If, as you say, you were convicted, and then imprisoned, then you may be quite sure
    that the court considered that penalty with the utmost care.
    The decision to imprison a person is as complex as it is grave,
    and is never taken lightly.
     
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  5. AnthonyC

    AnthonyC Well-Known Member

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    No, no and no! This is the exact reason I am here. I have provided this information only to put you in the picture about what I am asking. And you did ask !
     
  6. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi AnthonyC, Hi Tim W.
    Look, I'm not a solicitor and I'll almost universally have to bow to the better educated professionals on the forum.

    But if there is exculpatory evidence ignored by cops, or, if cops exaggerate evidence (or straight up fabricate it)...then even rigorous consideration by the courts can be improperly influenced, and sometimes that influence might be the difference between one finding and it's opposite.

    Having said that, I have to admit a healthy skepticism about your position AnthonyC.

    What protections? I don't really know. Appeals? Maybe. Don't leave it too long. It gets harder.


    Look, QP9s are often false, it's not a pretty thing, it's misconduct and corruption, welcome to QLD.

    If some junior cop lied on the QP9 it might only be relevant if it has substantial bearing on your case.
    If there is substance to you claim, and it's not simply your opinion...you'll need to find some solicitor to take it back to court. I hope you have the funds.

    Good luck,
     
  7. AnthonyC

    AnthonyC Well-Known Member

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    What is the purpose of a QP9 / Court Brief ? To demonstrate that there is a Case to answer? Then why is there any need to falsify it ?

    By embellishing the Court Brief, no doubt an Officer might have a better chance of getting it "Rubber Stamped" by his Superior, and what then?

    There is a great reluctance to "roll back" or discontinue Prosecutions. Such a case ends up before a Jury and prejudice rules the day.

    It's a simple game of "Connect the Dots". An extremely minor / trivial matter with absolutely NIL Evidence becomes a full-on District Court Case.

    Surely this has happened before? It happened to me. I am in possession of indisputable facts, not opinions. It wasn't even a word against word case. It was nothing against nothing.

    You're telling me these bastards get away with this sort of thing, and people tolerate it? Why?
     
  8. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi AnthonyC,

    There is a difference between indisputable facts which prove you were wrongly convicted and indisputable facts which prove some cop lied on a QP9. I understand that those lies might contribute to a wrongful conviction, but that's much harder to prove.

    The question I have is what are you going to do about it?

    Some internet forum will be of limited use. Go get a solicitor. But watch out, the cops hate losing wrongful arrest stuff. Very bad PR. They will run a very long court case.

    Regards
     
  9. AnthonyC

    AnthonyC Well-Known Member

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    If the version of events as stated on the QP9 plainly and obviously does not match any version of events put forward by the Complainant, or anyone else, then the QP9 is false.

    If that particular version of events was used to launch a Prosecution, then right there you have a false and unlawful Arrest.

    However you sugar coat it, whatever you call it - "Speculative Prosecution", "Cutting corners due to high workload", etc. etc. - it is absolutely not acceptable.

    What am I going to do about it? Well, due to the power imbalance where those who have corrupt means at their disposal can do whatever they like, probably not much at all of any consequence.

    I do thank you for your comments though, they have been most helpful.
     
  10. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi,

    Well I'm glad if my comments help you.

    You've managed to take the message without taking offence...my comments were a little direct and blunt.

    Your course of action is probably not unwise.

    Power imbalance, yeah, that's a 2 word summary of why people tolerate it.

    You could try community legal centers for help, but fighting it would be a long, difficult and probably pretty lonely path to take.

    Look how long Corinna Horvarth has been at it. Or Lex Wotton.

    Not much of consequence? I disagree, I think many of your future decisions will be influenced by the knowledge that cops lie. a lot.
    Makes me think about the indigenous incarceration rate....and the VLAD laws.

    And dishonesty in general.

    Regards
     
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