IN06 - Police Practice Notes Flashcards
Note 1
A member of the Police investigating an offence may ask questions of any
person from whom it is thought that useful information may be obtained,
whether or not that person is a suspect, but must not suggest that it is
compulsory for the person questioned to answer
CAN ASK ANYONE A QUESTION BUT THEY DONT HAVE TO ANSWER.
Note 2
Whenever a member of the Police has sufficient evidence to charge a person
with an offence or whenever a member of the Police seeks to question a
person in custody, the person must be cautioned before being invited to make
a statement or answer questions
WHEN CHARGING HAVE TO GIVE THEM THEIR RIGHTS
Note 3
Questions of a person in custody or in respect of whom there is sufficient
evidence to file a charging document charge must not amount to cross examination.
Note 4
Whenever a person is questioned about statements made by others or about
other evidence, the substance of the statements or the nature of the evidence
must be fairly explained.
Explanation:
This means that when a suspect is questioned about statements made by
others, the substance of allegation must be put to the suspect.
Note 5
Any statement made by a person in custody or in respect of whom there is
sufficient evidence to charge should preferably be recorded by video
recording unless that is impractical or unless the person declines to be
recorded by video. Where the statement is not recorded by video, it must be
recorded permanently on audio tape or in writing