SUMMARY OFFENCES ACT 1953 - SECT 74D
SUMMARY OFFENCES ACT 1953 - SECT 74D
74D—Obligation to record interviews with suspects
(1) An investigating
officer who suspects, or has reasonable grounds to suspect, a person ("the
suspect ) of having committed an indictable offence and who proposes to
interview the suspect must ensure the following requirements are complied
with:
(a) if
it is reasonably practicable to make an audio visual record of the interview,
an audio visual record of the interview must be made;
(b) if
it is not reasonably practicable to make an audio visual record of the
interview but it is reasonably practicable to make an audio record of the
interview, an audio record of the interview must be made;
(c) if
it is not reasonably practicable to make either an audio visual record or
audio record of the interview—
(i)
a written record of the interview must be made at the
time of the interview or as soon as practicable after the interview; and
(ii)
as soon as practicable after the interview, the record
must be read aloud to the suspect and an audio visual record made of the
reading; and
(iii)
when the audio visual recording begins (but before the
reading begins) the suspect must be invited to interrupt the reading at any
time to point out errors or omissions in the record; and
(iv)
if the suspect in fact interrupts the reading to point
out an error or omission, the suspect must then be allowed a reasonable
opportunity to do so; and
(v)
at the end of the reading, but while the audio visual
recording continues, the suspect must again be invited to point out errors or
omissions in the record and allowed a reasonable opportunity to do so; and
(vi)
if the investigating officer agrees that there is an
error or omission in the record, the officer must amend the record to correct
the error or omission and if the officer does not agree that there is an error
or omission in the record, the officer must nevertheless make a note of the
error or omission asserted by the suspect in an addendum to the record of
interview.
(2) If the suspicion,
or a reasonable ground for suspicion, arises during the course of an
interview, the investigating officer's obligations under subsection (1)
arise at that point and apply to the interview from that point.
(3) In deciding
whether it is reasonably practicable to make an audio visual record or audio
record of an interview, the following matters must be considered:
(a) the
availability of recording equipment within the period for which it would be
lawful to detain the person being interviewed;
(b)
mechanical failure of recording equipment;
(c) a
refusal of the interviewee to allow an audio visual record or audio record of
the interview to be made;
(d) any
other relevant matter.
(4) As soon as
practicable after an audio visual record or audio record of an interview is
made under this Part, the investigating officer must give the suspect a
written statement—
(a) if
an audio visual record was made—of the right of the suspect or the
suspect's legal adviser (or both) to view the recording and to obtain from the
audio visual record an audio record; or
(b) if
an audio record but no audio visual record was made—of the right of the
suspect to obtain a copy of the audio record.
(5) Arrangements must
be made, at the request of a suspect, for the playing of an audio visual
record at a reasonable time and place to be nominated by an appropriate
investigating officer.
(6) A suspect must be
provided, on request and on payment of the fee fixed by regulation,
with—
(a) an
audio record of the audio visual record of an interview with the suspect under
this Division; or
(b) a
copy of an audio record of an interview with the suspect under this Division.