Practice Note On Police Questioning

Question 0

What is practice note 1?

Answer 0

A police officer can question anyone, but the person questioned does not have to answer.

Question 1

What are the consequences of breaching the practice note on police questioning?

Answer 1

• the evidence may be disallowed.
• if the above occurs, the case may be dismissed.
• your credibility could be in doubt in future cases.
• the behaviour could result in adverse publicity, legal criticism, formal complaints, internal police inquiry and, possibly, criminal charges.

Question 2

What is practice note 2?

Answer 2

Bill of rights must be given for any person charged.

Question 3

What are the bill of right?

Answer 3

• You have been arrested/detained for (give reason)
  OR
• I am speaking to you about (give reason)
• You have the right to remain silent.
• You do not have to make any statement.
• Anything you say will be recorded and may be given in evidence in court.
• You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions.
• Police have a list of lawyers you may speak to for free.

Question 4

What is practice note 3?

Answer 4

A person in custody cannot be cross-examined.

Question 5

What is practice note 4?

Answer 5

When a suspect is questioned about statements made by others, the substance of the statement or the nature of the evidence must be fairly explained.

Question 6

What is practice note 5?

Answer 6

Any statement made by person in custody should be recorded by video. If not video, the audio, if not audio, then formal written.