Police Questions

Question 0

What is note 2 of the practice notes?

Answer 0

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 any questions.

Question 1

What is note 1 of the practice notes?

Answer 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

Question 2

What is note 3 of the practice notes?

Answer 2

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.

Question 3

What is note 4 of the practice notes?

Answer 3

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.

Question 4

What is note 5 of the practice notes?

Answer 4

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.

Question 5

What are the four possible consequences of breaching BOR, Evidence Act and Practice note on police questioning?

Answer 5

The evidence may be disallowed
If the above occurs, the case may be dismissed
Your credibility could be in doubt in future cases
The behaviour could result in adverse publicity, legal criticism, formal complaints, internal police inquiry and, possibly, criminal charges

Question 6

When should the rights/caution be given?

Answer 6

If, as the interviewing officer, you intend to ask a series of questions which you think might result in an admission of guilt, then you should administer the BOR rights.

Question 7

How does note 5 apply to taking statements?

Answer 7

It applies to video interviews, formal

statements and notebook entries relating to admissions or explanations offered by an offender.

Question 8

Basics of the practice notes

Answer 8

Note 1 - police investigating an offence may ask questions of any person from whom it is thought that useful information may be obtained

Note 2 - whenever a member of the police have evidence to charge, the person must be cautioned

Note 3 - questions of a person in custody must not amount to cross examination

Note 4 - whenever a person is questioned about statements, they must be fairly explained

Note 5 - any statement made by a person in custody should be on video etc