Chief Justice Practice Notes on Police Questioning (Evidence Act 2006, S.30(6))

Question 1

CJPN on Police questioning;

Guide One - NOT COMPELLED TO ANSWER

Answer 1

QUESTIONING;
A police officer can question anybody, however the person cannot be COMPELLED TO ANSWER “you do not have to answer any questions”

Question 2

CJPN on Police questioning;

Guide Two - BoR GIVEN BEFORE MAKING STATEMENT OR ANSWER Q’S

Answer 2

CAUTIONING;

The person must be cautioned before being invited to make any statement or answer any questions

Question 3

CJPN on Police questioning;

Guide Three - CANNOT AMOUNT TO CROSS-EXAMINATION

Answer 3

CROSS CONTAMINATION;

Questions being asked of a person in custody cannot amount to cross examination

Question 4

CJPN on Police questioning;

Guide Four - FAIRLY EXPLAINED

Answer 4

FAIR EXPLANATION;
The substance of a statement given must be fairly explained i.e ‘the description of the subject given by the person at the scene’

Question 5

CJPN on Police questioning;

Guide Five - FWS OF A PERSON IN CUSTODY SHOULD BE RECORDED (DVD)

Answer 5

STATEMENT RECORDING;
Statements of a person in custody should be recorded on DVD/Video. If this is not possible, audio is preferred over writing. Written statement should always get a signature.