Practice Notes Flashcards
What are the consequences for breaching the Practice Note?
- The evidence may be disallowed
2. If above occurs, case may be
dismissed.
3. Your credibility could be in doubt
for future cases.
4. Adverse publicity
- Initial Police inquiry
- Possible criminal charges
What is the Practice Note?
A guideline for Police questioning of suspects or offenders.
Court just take the Practice Note into account when deciding whether a statement obtained by Police has been obtained unfairly.
What is Practice Note 1?
Police can question anybody, however, the person spoken to cannot be compelled to answer.
Includes witnesses, , informants, victims, suspects, offenders.
What is Practice Note 2?
When there is sufficient evidence to charge a person with an offence, or whenever Police seek to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions.
YOU HAVE THE RIGHT TO REMAIN SILENT.
YOU DO NOY 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 OR 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?
Questions to a person in custody or a where there is sufficient evidence to charge a person, the questioning must NOT amount to CROSS EXAMINATION. (Leading, closed questioning.)
What is Practice Note 4?
Whenever a person is questioned about statements made by others or about other evidence, the substance of the statement or the NATURE OF THE EVIDENCE MUST BE FAIRLY EXPLAINED.
Eg. “ we have witnesses that will identify you at the scene. What do you say to that?”
What is Practice Note 5?
Any statement should be preferably recorded by video unless impractical or person declines to be recorded by video.
Otherwise, audio or written and person must have opportunity to review and make corrections and if in writing they must confirm by signing.
