Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23WL

Recording of giving of information and suspect's responses

  (1)   The constable must, if practicable, ensure that the giving of the information about the proposed forensic procedure and the suspect's responses (if any) are tape recorded.

  (2)   If tape recording the giving of the information and the suspect's responses (if any) is not practicable, the constable must ensure that a written record of the giving of the information and the suspect's responses (if any) is made, and that a copy of the record is made available to the suspect.

Note 1:   Division   9 contains provisions about making copies of material (including copies of tapes) available to the suspect.

Note 2:   If a foreign law enforcement agency requests that a forensic procedure be carried out on a suspect, a copy of the tape recording or the written record may also be provided to the foreign law enforcement agency: see subsection   23YQD(2).



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