Practice Note On Police Questioning Flashcards

0
Q

What is practice note 1?

A

A police officer can question anyone, but the person questioned does not have to answer.

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1
Q

What are the consequences of breaching the practice note on police questioning?

A
  • 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.
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2
Q

What is practice note 2?

A

Bill of rights must be given for any person charged.

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3
Q

What are the bill of right?

A
  • 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.
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4
Q

What is practice note 3?

A

A person in custody cannot be cross-examined.

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5
Q

What is practice note 4?

A

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.

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6
Q

What is practice note 5?

A

Any statement made by person in custody should be recorded by video. If not video, the audio, if not audio, then formal written.

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