When it comes to defensive investigations, there is a strong image of detectives working in the Australia. On the other hand, the Australian legal system regulates the activity of supporting the defense of a person who has been sued in court. For example, the act allows private detectives and others to collect evidence useful to the investigation and establishes a discipline inherent in defensive investigations. As a result, at trial, the accused is allowed to use the investigative activities carried out by the defense counsel or his agent, bearing in mind the characteristics that the defense activity is voluntary and the prosecution activity is mandatory.
Defense activities are voluntary, and prosecution activities are mandatory.
It has no force. Casual interviews are the only way to get the pieces you need for defense. For testimony at trial, it is important that it be carried out only by an authorized defense attorney in order to record its validity in writing.
Informal interviews for defense
As a result, defense investigations conducted by private detectives with regular professional qualifications can lead to job interviews from a legal point of view. It is the responsibility of the defendant, who is the suspect, to make the information collected there legally valid. But how did this interview take place? The procedure to be carried out is specified in the law, and neither the accused nor the injured need to be present. The law specifies a warning that must be given to those who agree to an informal interview for defense.
You have the right to know the reasons for the interview and the right to refuse to answer. They must also indicate whether they were involved in the same incident as the accused. If there has already been an inquiry from the police or the prosecutor’s office, it cannot be reported. Keep in mind that providing false information is subject to criminal penalties. If you do not comply with the above provisions, the information you collect will become useless.
What if the witness refuses to testify?
Evidence gathered in the form of informal hearings in the defense investigation must be recorded by the chief prosecutor of the trial. However, the person who submitted the advance information may exercise the right to non-reply at this time. In this case, the defense is free to choose from several options. The prosecutor requests to set up a hearing for witnesses, which must be conducted within 7 days of the request unless there are exceptional circumstances.
Unless the danger of making such an assumption is justified, assume the testimony as if it were an event with extraordinary evidentiary capacity. The signature of the declarant must be validated by a defense attorney in the case of a written declaration. This declaration must be stated by the defense counsel in a report specifying several points, such as
Date of declaration
Details of the declarer and the defender who took the declaration
Proof of hearing the aforementioned warning
The facts that support the claim
What is a modality?
It is up to the defense counsel to develop the best defense strategy and to gain visibility into the location and circumstances of the defense investigation. To do so, the council may perform on his behalf and give instructions to a successor who meets the aforementioned professional qualifications. The agent may continue to write descriptions, perform technical or graphical investigations, take pictures, or take video information. After these activities, proper documentation is required, which includes the preparation of a report that reports:
The inspection date and location are as follows:
Personal information about the person who carried out the inspection or technical investigation (including the individual who accompanied)
An accurate description of the scene of the investigation, including a detailed description. All documents that are part of the investigation must be accurately stated in the form of attachments. Signatures of all those who participated in the investigation and who assisted in the preparation of technical materials.
If you need access to private or restricted areas to carry out the above investigation, you must consult a court. In fact, a defense lawyer must ask a judge for permission to enter, but once it is granted, the other party will not question that permission. It is important to keep in mind that other crimes discovered during the investigation of the defense attorney are not subject to disclosure requests. Would you like to know more?