Chapter 5 Practice Note Police Questioning

Question 1

What are the five rules relation to the practice notes on police questioning?

Answer 1

1. Police may ask questions of any person to assist with inquires, however police must not suggest that the person must answer.
2. If police have sufficient evidence to charge or police seek to question a person in custody the person must be cautioned before being invited to make a statement or answer questions.
3. Questions to a person in custody or whom there is sufficient evidence to charge must not amount to cross examination.
4. Whenever a person questioned about statements made by others or about other evidence the substance of the statement or the nature of the evidence must be fairly explained.
5. Any statement made by a person in custody or where the is evidence to charge should preferably be video recorded unless it is impractical or the person declines. Where it isn’t recorded it must be recorded permanently on audio tape or in writing, the person must be given the opportunity to review the tape or written statement to correct any errors make changes or add information. The person must also be given the opportunity to sign a written statement to confirm the truth of the statement.