Terms of Reference
Participants
Executive Summary

CHAPTER 1. BACKGROUND TO THE REPORT
Brief Historical Background
The Current Law of Arrest and Detention
The Williams Case and its Successors
The Problem with the Common Law
The Need for Reform
Footnotes

CHAPTER 2. SUMMARY OF RECOMMENDATIONS

CHAPTER 3. ARREST AND CUSTODY
Recommendation 1
Commentary on Recommendation 1
Recommendation 2
Commentary on Recommendation 2
Relationship with the existing law of arrest
No general power to arrest merely to question (2.2)
Arrest and de facto custody (“voluntary attendance”) considered equivalent for purpose of fixed time limits (2.3-2.4)
Cautioning of persons in police custody (2.5)
Transmission of an arrested person to a police station (2.6)
Responsibility for, and treatment of, persons held in police custody (2.7-2.8)
Maintenance by police of comprehensive custody records (2.9)
Footnotes

CHAPTER 4. THE FIXED TIME MODEL OF DETENTION
Recommendation 3
Commentary of Recommendation 3
Introduction - a fixed period system of custodial investigation (3.1)
Grounds for detention (3.2)
“Reasonable period” factors (3.3)
Custody officers (3.4)
Authorised investigation procedures (3.5)
“Time-out” calculations (3.6)
Post-detention procedures (3.7)
Expedient re-arrest prohibited (3.8)
Recommendation 4
Commentary on Recommendation 4
Introduction
Applications for detention warrants (4.1-4.2)
The nature of the proceedings for detention warrants (4.3-4.5)
The need to monitor the issuing of detention warrants (4.6)
Alternative custody review systems considered
Footnotes

CHAPTER 5. SAFEGUARDS FOR PERSONS IN CUSTODY
Recommendation 5
Commentary on Recommendation 5
Taking Rights Seriously
The right to silence (5.1)
The right to contact a friend or relative (5.2)
The right to legal assistance (5.3)
The right to an interpreter (5.4)
The right of foreign nationals to consular assistance (5.5)
The right to humane treatment (5.6)
Recommendation 6
Commentary on Recommendation 6
Footnotes

CHAPTER 6. REGULATING CUSTODIAL INTERROGATION: EVIDENCE AND PROCEDURE
Recommendation 7
Commentary on Recommendation 7
Codes of police practice (7.1)
Electronic recording of interviews (7.2)
Recommendation 8
Commentary on Recommendation 8
Adoption of ALRC Report No 26
Inadmissible Evidence
Discretions to exclude unfair or prejudicial evidence (8.2-8.3)
Illegally or improperly obtained evidence (8.4)
Electronic recording of confessional evidence (8.5)
Tendering of detention warrants (8.6)
Footnotes

CHAPTER 7. OTHER CONSIDERATIONS
Recommendation 9
Commentary on Recommendation 9
Recommendation 10
Commentary on Recommendation 10
Footnotes

Table of Cases
Table of Legislation
Select Bibliography
Index