POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 436
Recording of questioning etc.
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 436
Recording of questioning etc.
436 Recording of questioning etc.
(1) This section applies to the
questioning of a relevant person.
(2) The questioning must, if practicable,
be electronically recorded.
Examples for subsection (2)—
1 It may be
impracticable to electronically record a confession or admission of a murderer
who telephones police about the murder and immediately confesses to it when a
police officer arrives at the scene of the murder.
2 It may be impracticable
to electronically record a confession or admission of someone who has
committed an armed hold-up, is apprehended after pursuit, and makes a
confession or admission immediately after being apprehended.
3 Electronically
recording a confession or admission may be impracticable because the
confession or admission is made to a police officer when it is not reasonably
practicable to use recording facilities.
(3) If the person makes a
confession or admission to a police officer during the questioning, the
confession or admission is admissible in evidence against the person in a
proceeding only if it is recorded as required by subsection (4) or section 437.
(4) If the confession or admission is electronically recorded, the
confession or admission must be part of a recording of the questioning of the
person and anything said by the person during questioning of the person.
