Children are particularly vulnerable to police questioning, particularly the young, immature and inexperienced. They need all the assistance that the law can reasonably afford them.
Conflict is inevitable.
3-2.21 A parent, guardian, relative, friend, school teacher, or if none of these persons is available, a police officer senior in rank to the interrogator and not connected with the case, should be present. If the interviewing officer is alone due to isolation or because of the recent nature of the offence, great care must be taken to ensure that any confession is voluntary and the Commissioner's Guidelines for Questioning Suspects are observed. Any admonishment to speak the truth has the same effect as the holding out of a threat, promise or inducement. The submissions I have received do not accept that a senior police officer, or for that matter a school teacher or staff member at a Department for Community Services institution are appropriate third parties to be present at the questioning of a juvenile. They often represent authority and their presence would not be viewed as independent or supportive by the child.