Practice Note On Police Questioning Flashcards
What is practice note 1?
A police officer can question anyone, but the person questioned does not have to answer.
What are the consequences of breaching the practice note on police questioning?
- 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.
What is practice note 2?
Bill of rights must be given for any person charged.
What are the bill of right?
- You have been arrested/detained for (give reason)
OR - I am speaking to you about (give reason)
- You have the right to remain silent.
- You do not have to make any statement.
- Anything you say will be recorded and may be given in evidence in court.
- You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions.
- Police have a list of lawyers you may speak to for free.
What is practice note 3?
A person in custody cannot be cross-examined.
What is practice note 4?
When a suspect is questioned about statements made by others, the substance of the statement or the nature of the evidence must be fairly explained.
What is practice note 5?
Any statement made by person in custody should be recorded by video. If not video, the audio, if not audio, then formal written.