Practice Note on Police Questioning

Question 1

What are the four possible consequences of breaching the NZ Bill of Rights, Evidence Act and Practice Note on Police Questioning?

Answer 1

The evidence may be disallowed.

The case may be dismissed.

Could cause Officer’s credibility to be doubted.

Could result in adverse publicity, legal criticism formal complaints.

Question 2

When should the Rights / Caution be given?

Answer 2

It should be given wen you arrest or detail a person or where Police want to question a person where there is sufficient evidence to charge that person wit an offence.

Question 3

How does Rule 5 apply to taking statements?

Answer 3

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 4

What is the explanation for Practice Note 3?

Answer 4

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 5

What is the explanation for Practice Note 4?

Answer 5

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 6

What is the Rights Caution that must be given when arresting/detaining or speaking to people?

Answer 6

You have been arrested/detained for (reason)
- OR -
I am speaking to you about (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.