Practice Notes

Question 0

Explain Note 1

Answer 0

A member of police investing an offence may ask questions of witnesses, informants, victims, suspects and offenders, but must not suggest or imply it is compulsory for the person questioned to answer.

Question 1

Consequences of breaching practice note on police questioning.

Answer 1

• The evidence may be disallowed
• Case could be dismissed.
• Your credibility may be tarnished
• Could result in adverse publicity, legal criticism, formal complaints, internal police inquiry, possible criminal charges

Question 2

Explain Note 2

Answer 2

Whenever a member of the police has sufficient evidence to charge a person 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

Explain Note 3

Answer 3

A person in custody or in respect of where there is sufficient evidence to charge must not be cross-examined.

Cross examination when a suspect had said the did not wish to make a statement is a breach of note 3.

An officer can clarify misleading matters and cover important matters the prisoner wishes to discuss.

Question 4

Explain Note 4

Answer 4

Whenever a person is questioned about statements made by others or about other evidence, the substance if the statements or nature of the evidence must be fairly explained.

An officer cannot mislead a suspect or misrepresent information or evidence about the incident.

To avoid misrepresenting the truth:
Read relevant excerpts from the statement to the suspect or
Accurately summarise the statement.

Question 5

Explain Note 5

Answer 5

Any statement made by a person in custody or where there is sufficient evidence to charge a person should preferably be recorded by video. If not possible, do so by tape or in writing.

They must be given opportunity to review, then correct any errors and add anything further.

Can sign it if in writing.