Practice Note On Police Questioning

Question 1

Practice Note On Police Questioning

Practice Note 1

Answer 1

A member of the police investigating an offence may ask questions of any person from whom it is thought 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

Practice Note On Police Questioning

Practice Note 2

Answer 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

Question 3

Practice Note On Police Questioning

Practice Note 3

Answer 3

Questions of a person in custody or in respect of whom there is sufficient evidence to file a charging document must not amount to cross examination

Question 4

Practice Note On Police Questioning

Practice Note 4

Answer 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

Question 5

Practice Note On Police Questioning

Practice Note 5

Answer 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.

Question 6

Practice Note On Police Questioning

Consequences of breaching the Practice Note On Police Questioning

Answer 6

• the evidence may be disallowed
• if the above occurs, the case may be dismissed
• your credibility could be in doubt for future cases
• it could result in adverse publicity, legal criticism, formal complaints, internal police inquiry, and possibly criminal charges