Crimes Act 1914

Part IC - Investigation of Commonwealth offences  

Division 3 - Obligations of investigating officials  

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Note:

These obligations apply in relation to protected suspects as well as to people under arrest.

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History

Div 3 heading and note inserted by No 136 of 2001, s 3 and Sch 4 item 40, effective 29 October 2001.

SECTION 23U   Tape recording of information required to be given to person under arrest  

(1)    

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If a person is under arrest or a protected suspect, an investigating official who is required by this Part to give the person certain information (including a caution) must tape record, if practicable, the giving of that information and the person's responses (if any).

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History

S 23U(1) amended by No 136 of 2001, s 3 and Sch 4 items 53A and 53B, by substituting ``under arrest or a protected suspect'' for ``under arrest for a Commonwealth offence'' and by omitting ``under arrest'' after ``to give the person'', effective 29 October 2001.

(2)    
In any proceedings, the burden lies on the prosecution to prove whether it was practicable to tape record the giving of that information and the person's responses (if any).

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