Pollard v The Queen

This matter concerned an application for special leave to appeal to the High Court of Australia. The applicant, Pollard, sought to challenge the admissibility of a confession made to police. The Crown opposed the application.

The central legal issue before the Court was the interpretation of section 464H(1)(d) of the Crimes Act, which deals with the admissibility of confessions and admissions made by an accused person. Specifically, the Court was required to determine whether a confession made during a police interview at a location with recording facilities, where the recording was not switched on for the entire duration of the interview, rendered the confession inadmissible under the provisions of the Act.

The applicant argued that section 464H(1)(d) was intended to mandate the recording of all interviews conducted at police stations or other locations equipped with recording facilities. It was contended that a failure to record the entirety of such an interview, even if the recording was commenced later or the confession was made before the recorder was switched on, would result in the confession being inadmissible. The applicant submitted that the provision contemplated a strict sanction for non-compliance, making confessions inadmissible rather than merely subject to discretionary exclusion. The Court was invited to consider the purpose of the section in ensuring that police interviews were recorded where facilities were available.