Police Responsibilities When Questioning Persons

Chapter 15, Part 3: 'Safeguards ensuring rights of and fairness to persons questioned for indictable offences' of the Police Powers and Responsibilities Act 2000, contains the following sections which apply to the questioning of persons for indictable offences (see s. 3: ‘Division of offences’ of the Criminal Code Act 1899 for a definition of an ‘indictable offence’):

Division 1 ‘Preliminary’

s. 414: ‘Part applies only to indictable offences’

s. 415: ‘When does this part apply to a person’

s. 416: ‘Questioning generally’

s. 417: ‘Questioning of person after proceeding started’

Division 2 ‘Other persons may be present during questioning’

s. 418: ‘Right to communicate with friend, relative or lawyer’

s. 419: ‘Speaking to and presence of friend, relative or lawyer’

Division 3: ‘Special requirements for questioning particular persons’

s. 420: ‘Questioning of Aboriginal people and Torres Strait Islanders’

s. 421: ‘Questioning of children’

s. 422: ‘Questioning of persons with impaired capacity’

s. 423: ‘Questioning of intoxicated persons’

Division 4: ‘Excluding persons unreasonably interfering with questioning’

s. 424: ‘What is unreasonable interference for divs 2-3’

s. 425: ‘Requirements before excluding persons unreasonably interfering with questioning’

s. 426: ‘If police officer excludes person from questioning’

Division 5: ‘Exclusion of support persons in particular circumstances’

s. 427: ‘Application of div 5’

s. 428: ‘When is a person unable to properly perform the role of a support person’

s. 429: ‘Police officer may exclude support person from questioning’

s. 430: ‘If police officer excludes support person from questioning of relevant person’

Division 6: ‘Cautioning and rights of persons’

s. 431: ‘Cautioning of persons’

s. 432: ‘Provision of information relating to a relevant person’

s. 433: ‘Right to interpreter’

s. 434: ‘Right of visiting foreign national to communicate with embassy etc.’

s. 435: ‘Rights of a person to be electronically recorded’

Division 7: ‘Recording of questioning’

s. 436: ‘Recording of questioning etc.’

s. 437: ‘Requirements for written record of confession or admission’

s. 438: ‘Access to electronic recordings of questioning etc.’

s. 439: ‘Admissibility of records of questioning etc.’

Division 8: ‘General’

s. 440: ‘List of support persons and interpreters’

s. 441: ‘When sections 418-422, 432 and 434 do not apply’

In addition, Schedule 10, Part 5: 'Powers and responsibilities relating to investigations and questioning for indictable offences' of the Police Powers and Responsibilities Regulation 2000, contains the following sections which also apply:

Division 1: ‘Questioning relevant persons about indictable offences

s. 32: ‘Application of div 1’

s. 33: ‘Asking persons to attend for questioning’

s. 34: ‘Right to communicate with friend, relative or lawyer’

s. 35: ‘Right to remain silent not affected’

s. 36: ‘Questioning of Aboriginal people and Torres Strait Islanders’

s. 37: ‘Cautioning relevant persons about the right to silence’

s. 38: ‘Provision of information relating to a relevant person’

s. 39: ‘Right to interpreter’

s. 40: ‘Right of visiting foreign national to communicate with embassy etc.’

s. 41: ‘Rights of a person to be electronically recorded’

s. 42: ‘Procedure for reading back a written record’

Division 2: ‘Questioning etc. of persons detained’

s. 43: ‘Removal order application’

s. 44: ‘Detention period extension application’

Division 3: ‘Provisions about support persons’

s. 44A: ‘Ensuring support persons understand role’