New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 15

15 Recording of giving information and suspect’s responses

(1) The police officer must, if practicable, ensure that the giving of the information about the proposed forensic procedure and the suspect’s responses (if any) are recorded by electronic means.

(2) If the recording of the giving of the information and the suspect’s responses (if any) by electronic means is not practicable:

(a) an independent person who is not a police officer must be present while the information is given and while any responses are made, and

(b) a police officer must make a written record of the information that is given and any responses that are made, and

(c) the police officer by whom the record is made must ensure that a copy of the record is made available to the suspect.

Note: Part 13 contains provisions about making copies of material (including copies of tapes) available to the suspect.

(3) Subsection (2) (a) does not apply if the suspect expressly and voluntarily waives his or her right to have an independent person present, but such a person may nevertheless be present if the investigating police officer so directs.