When investigating a sexual offence, must an investigation agency seek an expert's opinion, and from whose list of candidates may it designate that expert?
General information · Not legal advice
Material to check
In a practice file we read the record of the victim's age, any medical or psychological material bearing on the victim's ability to distinguish facts or make a decision, and the paper recording the agency's designation of an expert from the candidate list.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps the two branches apart: investigating a sexual offence, an investigation agency may seek an opinion on the offender's or the victim's mental and psychological state and on the content of the victim's statement, but where the victim is under the age the provision sets, or a physical or mental disability leaves the victim weak in distinguishing facts or deciding, the agency must seek an opinion on the victim's mental and psychological state and on the content of the victim's statement, and nothing more.
Another reading notes that the mandatory duty in the proviso is written only for the victim, so an opinion on the offender's state stays optional in every case, and the provision leaves open how weak the victim's ability must be and which candidate the agency may choose from the list the Prosecutor-General or the National Police Agency Commissioner sets.
Your judgment
Where the file holds no medical or psychological record of the victim, how could the agency show that the duty to seek an expert opinion did or did not attach?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change the age limit or the conditions in the proviso, or if a decision explains how a weak ability to distinguish facts or decide is to be assessed.