STATEMENTS TO POLICE

Press, Volume XCIV, Issue 28157, 21 December 1956, Page 20

STATEMENTS TO POLICE

RECENT INSTRUCTION ON PRODUCTION MAGISTRATE SUGGESTS CANCELLATION (New Zealand Press Association) WHANGAREI. December 20. A recent instruction to police prosecutors and station officers that statements taken from accused persons and others may be shown to no-one except the police before production in Court caused some discussion before Mr J. R. Herd. S.M., in the Whangarei Magistrate’s Court. Acting-Detective J. Nancarrow had produced a statement taken from a young man charged with having taken two cars unlawfully, and defence counsel (Mr J. D. Golightly) said he had not seen the statement. “It is police practice now. I understand. not to permit counsel to peruse such statements,” Mr Golightly said. Detective-Sergeant M. J. Ross, prosecuting, said that in the past solicitors had been handed statements in advance as a privilege, not as a right. Recently, however, a person shown a statement had copied down information in it which had then been used in a civil action brought in Auckland. As a result instructions had now been issued that police statements were to be shown to no-one until they were produced as evidence. “I would add, sir,” DetectiveSergeant Ross said, “that the person who copied down that information was not a solicitor.” Mr Golightly said that in accessibility of police statements placed counsel in a difficult position when advising their clients to plead guilty or not guilty or whether to plead indictably. Detective-Sergeant Ross said that there were facilities at the police station which would be gladly made available to solicitors who wanted to take statements from accused persons. just as the police had done. “If the police contention that i solicitors are free to take statements separately is right, then we must expect those giving evidence to have perfect memories and that is too much to expect,” said the Magistrate. “The statements could conflict in details if the memory were not perfect. “I am also sure solicitors would honour any arrangement made with the police not to misuse information contained in statements. “I think it is advisable that counsel have these statements put before them.”