5. Police Questioning Powers

Question 1

s397 PPRA 2000

Answer 1

s397 - Right to remain silent not affected

Comes in force under s415 - when does this part apply (safeguards against questioning

Question 2

s403

Answer 2

s 403 Time limits for questioning (4 out of 8 hours)

Question 3

s404

Answer 3

s 404 reasonable time to detain a person for questioning or investigation (8 hrs or less)

Question 4

s405-410

Answer 4

s405-410 extending time limits

Question 5

s415

Answer 5

s415 when does this part apply (safeguards for persons being questioned)

Question 6

s416

Answer 6

s416 questioning generally - officer must not obtain confession by threat or promise

Question 7

s418

Answer 7

s418 right to communicate with friend, relative or lawyer

Question 8

s420-423

Answer 8

s420-423 special requirements for questioning ATSI, children, PWD, intoxicated

Question 9

s431

Answer 9

s431 cautioning of persons (as set put in Clause 26 Regulations)

Question 10

s436

Answer 10

s436 recording of questioning

Question 11

s437

Answer 11

s437 requirements for written record of confession

Question 12

s439

Answer 12

s439 admissibility of records of questioning

Question 13

s617

Answer 13

s617 identification of suspects

• ID parade
• Photo board (at least 12 photos)
• videotape
• cgi