How Interpretation of Indistinct Covert Recordings Can Lead to Wrongful Conviction: A Case Study and Recommendations for Reform

Author(s)
Fraser, Helen
Publication Date
2017
Abstract
Covert recording (‘bugging’) is now authorised in almost every major police investigation. Unfortunately, because the need for secrecy compromises control over recording conditions, the audio is often indistinct. Legal practice regarding the use of indistinct covert recordings in trials has evolved haphazardly over the past 30 years, with no consultation of phonetic science. This has resulted in a number of anomalies, notably the fact that detectives are allowed (as ‘ad hoc experts’) to present their own transcripts of indistinct audio to ‘assist’ the jury in interpreting the audio evidence. This chapter highlights problems with this practice via a case study of a murder conviction obtained on the basis of a demonstrably inaccurate police transcript, then suggests directions for reform.
Citation
New Directions for Law in Australia: Essays in Contemporary Law Reform, p. 191-200
ISBN
9781760461416
1760461415
9781760461423
1760461423
Link
Language
en
Publisher
ANU Press
Edition
1
Title
How Interpretation of Indistinct Covert Recordings Can Lead to Wrongful Conviction: A Case Study and Recommendations for Reform
Type of document
Book Chapter
Entity Type
Publication

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