Practice Notes Flashcards
Note 3 states that?
When a person is arrested they must be given their rights these are:
You are under arrest for….
You have the right to remain silent
You do not have to make any statement
Anything you say will be recorded and may be used as evidence in court
You have the right to speak with a lawyer without delay and in private before deciding whether to make any statement
Police have a list of lawyers you may speak to for free
How does rule 5 apply to taking statements?
The person making the statement must be given the opportunity to review the tape or written statements or to have the statement read over.
Given the opportunity to correct any errors or add further.
Where the statement is given in writing the person must be asked to confirm the written record by signing it.
Any changes mistakes or alteration is should be initialled
At the end of the statement the person who made the statement should write in there own words “I have read the statement and it is true and correct”.
Each page should be signed by the maker
For possible consequences of breaching the New Zealand Bill of Rights, evidence act and practice note on police interviewing
The evidence may be disallowed
The case may be dismissed
Could cause officers credibility to be doubted
Could result in adverse publicity, legal criticism, formal complaints
