CRIMES ACT 1914 - SECT 23YF Obligation of investigating constables relating to tape recordings

CRIMES ACT 1914 - SECT 23YF

  (1)   If a tape recording is made as required by a provision of this Part, the investigating constable must ensure that:

  (a)   if an audio recording only or a video recording only is made--the recording, or a copy of it, is made available to the suspect, offender or volunteer; and

  (b)   if both an audio recording and a video recording are made:

  (i)   the audio recording, or a copy of it, is made available to the suspect, offender or volunteer; and

  (ii)   the suspect, offender or volunteer is given an opportunity to view the video recording; and

  (c)   in any case, if a transcript of the tape recording is made--a copy of the transcript is made available to the suspect, offender or volunteer.

Note 1:   If a forensic procedure is carried out as a result of a request by a foreign country or an international tribunal, a copy of anything made may also be provided to that country or tribunal: see section   23YQB.

Note 2:   If a forensic procedure is carried out as a result of a request by a foreign law enforcement agency, a copy of anything made may also be provided to the foreign law enforcement agency: see subsections   23YQD(3) and (4).

  (2)   Where an investigating constable is required to ensure that a suspect, offender or volunteer is given an opportunity to view a video recording made under this Part, the investigating constable must ensure that the same opportunity is given to:

  (a)   in any case--the suspect's, offender's or volunteer's legal representative; and

  (b)   if the suspect, offender or volunteer is a child or an incapable person--an interview friend of the suspect, offender or volunteer; and

  (c)   if the investigating constable believes on reasonable grounds that the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander--an interview friend of the suspect, offender or volunteer.

  (3)   If section   23YD requires forensic material taken from a suspect, offender or volunteer by a forensic procedure to be destroyed, the investigating constable must ensure that any video recording of the carrying out of the forensic procedure is also destroyed.