A confession obtained during a police interview where a non-police support person (such as a foster carer acting in loco parentis) subjects a juvenile accused to sustained, vehement pressure to confess may be involuntary under the basal involuntariness doctrine, even though the support person is not a 'person in authority' within the meaning of the specific inducement rule. Where the opponent does not seek to cross-examine a protected witness under s 34CA of the Evidence Act 1929 (SA), no determination of the witness's capacity under s 9 is required. Section 34CA provides for permission to cross-examine at a single stage only, with the criterion being whether there is a sufficient prospect that cross-examination will make a difference.
The full text is available to signed-in members.