Practice note on questioning

Police may ask questions of any person who it is thought may provide useful information. Not compulsory for person to answer
If sufficient evidence to charge a person - or - when a person questioned in custody, must be cautioned
Questions to a person in custody -or- where sufficient to charge must not amount to cross examination (oppressive/unfiar/overbearing)
Where a person is questioned about a statement of others, the substance of the statement must be fairly explained (detail not just allude or use trickery to misrepresent the truth)
Statements should be recorded on DVD unless impractical or person declined to be recorded (then audio or writing). Must be given opportunity to review and correct errors or add further
1. If in writing must be asked if wishes to confirm correct by signing

Resource summary

	Created by PhilandTracy Sayers over 9 years ago