Practice Notes on Police Questioning

Question 1

When should the Rights/Caution be given?

Answer 1

• As soon as you detain, arrest or have sufficient evidence to charge a person.

Question 2

What are the 5 Practice Notes of Police questioning?

Answer 2

(1) A Police Officer can question anybody, but they are not compelled to give an answer.
(2) As soon as you detain, arrest and/or have sufficient evidence to charge a person the must be cautioned.
(3) You must not cross examine a person if the do not wish to make a/any statement.
(4) When a person is questioned about other witness statements or other evidence, the nature of these must be fairly explained.
(5) Statements should be preferably recorded on video. If the person objects, it must be recorded on audio tape or in writing.

Question 3

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

Answer 3

• The evidence may be disallowed
• The case may be dismissed
• Your credibility could be damaged for future cases
• Your behaviour could be subject to adverse publicity, legal criticism, formal complaints, police inquiry and criminal charges.