TAS Police Issued Caution for Something I Didn't Do?

Discussion in 'Traffic Law Forum' started by Anon1, 3 October 2016.

  1. Gorodetsky

    Gorodetsky Well-Known Member

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    Efficient policing, yeah, I know what you mean.

    But sooner or later, someone records the exchange, the media get interested, everyone who fell victim to this bad cop have a story to tell and the police are forced to act.

    Some cop on the gold coast had 20+ complaints for excessive force. He's driving a desk now. No further promotions for him.

    Regards
     
  2. Anon1

    Anon1 Active Member

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    Hey all,

    Just an update, rather than file a complain I am thinking about emailing the Traffic Liaison Services. Please find details below.

    Under the Tasmania Police Manual (4.7.5 ADMISSIONS AND THE CAUTION); it states:

    " (8) There is no requirement for admissions for non-serious offences to be recorded. Police can simply give oral evidence of the suspect's admissions. Where the admissions are recorded in writing, the written document will not be admissible unless the suspect signs it. "

    And

    "(2) The 'caution' is given to remind suspects of their right not to incriminate themselves. The minimum requirements for when the 'caution' must be given are:
    (b) where the investigating official has formed a belief that there is sufficient evidence to establish that the person has committed an offence."



    I can not seem to find what would happen if I email the Traffic Liaison Services under the first statement. Given that I did not sign the a document and the evidence that I can provide should deem their first-person statement insufficient; is the caution completely void? Or will they just upgrade the offence to a fine and demerit points?

    Please note, it was not mentioned whatsoever that a recording of any kind was taken place.

    Thank you
     
  3. Rod

    Rod Lawyer
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    The police will just use oral evidence to get around the documentary evidence issue.

    Your admission at the time of offence is potentially not admissible as it was given under duress.

    The chances of a police department letting you off on a technicality saying 'our bad, we'll drop the case', is not really likely to happen no matter how much you want it to happen. Remember police have seen all kinds of lies and they have no reason to believe you more than all the other liars they regularly deal with.

    You ever seen the reality cop shows where people deny all kinds of things, then police open the car door, or open the bag and immediately find the object the person said they never had? *sighs at the stupidity of some people* I'm not surprised the police get jaded and have a jaundiced view of the public.

    And why write to the police and tell them what your defence is going to be in court? They'll just prepare better. Not a good move.
     
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  4. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    How did this turn out? It sounds like they were looking for an easy mark.
     
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