The Practice Note On Police Questioning

Question 1

Note 1

Answer 1

Ask Anyone

A member of the police may ask questions of any person, but must not suggest it is compulsory to answer

Question 2

Note 2

Answer 2

I Know It Was You
Whenever police have sufficient evidence to charge a person with a offence or seeks to interview a person in custody, the person must be given their caution rights before being invited to make a statement or answer questions

Question 3

Note 3

Answer 3

Don’t Cross Examine Me

Questions of a person in custody or of whom there is sufficient evidence to charge must not amount to cross examination

Question 4

Note 4

Answer 4

Tell them more

The substance of allegations must be fairly explained

Question 5

Note 5

Answer 5

Record it Live
Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge should be recorded on video, unless impractical or person declines to do so

Question 6

What are four possible consequences to breaching the bill of rights, evidence act and practice note on police questioning

Answer 6

Evidence can be disallowed
Case may be dismissed
Affect officers credibility
Result in adverse publicity, legal criticism, complaints

Question 7

Cross-examination

Answer 7

Questioning that forces the person into an admission of guilt