Rights During Questioning Flashcards
A person must be… when they are taken into questioning
- released unconditionally within a reasonable time or,
- charged and released on bail,
- bought before a bail justice or magistrate within a reasonable time.
Police caution
Before questioning begins, police must caution the suspect on tape. “You are not obliged to say, or do anything but anything you say or do may be used against you in court.
The right to contact a lawyer, family member or friend.
The suspect has a right to contact a lawyer, family member or friend unless it will result in the destruction of evidence, or the escape of an accomplice.
A lawyer may speak to the client before the questioning, and may represent their client.
The right to silence
The accused does not have to answer any police questions apart from their name, and where they live.
Taping of police interviews
Police must audio or video an indictable offence.
Police can handwrite a summary offence.
The right to a person in attendance
Anyone under 18 must have a parent, guardian or independent person with them during police questioning.
The right to an interpreter
If the suspect speaks a foreign language, they are entitled to a translator.
Identification parades
A person may refuse to take part in an identification parade line up.
