Evidence to Obtain
IMPORTANT! You only have 31 days to request CCTV footage from public spaces such as train stations and police stations through Freedom of Information (FOI). This valuable evidence that will be destroyed after 31 days have passed.
Below are some of the other kinds of evidence you should gather to preserve your client’s legal options:
- Detailed proof of your client’s evidence of the incident.
- Instructions on your client’s history and family context, refugee background/needs, interests, what do they want out of the process? Justice? Police to be charged? Accountability? Change in police practice? Safety? Protection? Compensation? Exposure of police wrong doing?
- Doctor/Hospital records of the visible and non-visible injuries sustained. (FOI or Health Records Act request).
- If appropriate specialist/forensic expert reports relating to injuries sustained and blood or other stains at the site of the incident or on the client’s clothing.
- If appropriate, advise your client to see a psychologist/critical incident/trauma counsellor.
- Make contact with a supportive youth worker/community worker who can provide ongoing support to your client.
- Take statements/notes from people who assisted your client at the time of the incident including friends/family members/youth workers.
- Take photos of your client’s injuries. Have an independent person record the injuries they can see on your client. Note all kinds of injuries including handcuff injuries, finger print bruises, scratches and places where your client describes being in pain or numb.
- Take your client to the scene of the incident have them describe and go through the incident with you. Take photos of the area. Note and photograph any CCTV cameras.
- If misconduct/assaults happened in the police station request permission to walk through the cells, interview rooms from the Station’s Senior Sergeant.
- Write/Make an FOI request for copies of CCTV footage within 7 days of the incident.
- Make an FOI request to the police/subpoena the chief commission of police, requesting (where appropriate):
- Running sheets/diaries/day book entries from all police who had contact with your client.
- Copies of Use of Force and accompanying forms
- Attendance records/ Welfare Checks.
- All information on the LEAP database
- Statements from all police involved in the incident
- Photos/CCTV footage in police possession relating to the incident
- All reports made relating to the incident.
- Clothes etc taken by police from your client
- Copies of any warrants
- Information about any operation police were involved in at the time of the incident.
- Basis for any suspicion against your client.
- Copies of any interviews conducted with your client and notes taken by police during these interviews
- Names of any independent person called to be present in any interview with your client.
- Names of any interpreter called by police.
- Seek copies of the complaint history of the police officers in the ROCSID database (nb. this database is soon to be replaced.)
- Seek a copies of any complaint investigation reports if your client has made a complaint.
- Think carefully about any additional information that might be useful. If you are seeking this information under a subpoena, you will need to be clear about the relevance of each piece of information you are seeking. [See Subpoena section]
- Take statements from any witnesses to the incident.
- If necessary obtain the names and contact details of your clients trusted work colleagues/teachers/youth workers/religious/community leaders.
- Obtain authorities, including one to speak to the media if your client would like this. Take a copy of your client’s health care card if they have one.
- If your client is charged by police following the assault, you should also subpoena the above information from Police and other agencies who have dealt with your client as well as seeking a copy of the police brief.
- Obtain a subscription to the Victoria Police Manual (CD-ROM) or ask FKCLC for relevant parts.
