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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 101T

Questioning of persons charged with service offences

  (1)   An investigating officer shall not, after a person is charged with, or summoned in respect of, a service offence, ask the person any question in relation to the service offence other than:

  (a)   a question with respect to an ambiguity in an answer previously made by the person to a question asked of the person by an investigating officer, being a question asked before the person was charged with, or summoned in respect of, the service offence or duly asked in accordance with this section after the person was so charged;

  (b)   a question with respect to an ambiguity in a statement made by the person, whether before or after the person was charged with, or summoned in respect of, the service offence; or

  (c)   a question necessary to assist the investigating officer in dealing with an emergency.

  (2)   Subsection   (1) shall not be taken to prevent an investigating officer from asking a person who has been charged with, or summoned in respect of, a service offence, whether the person wishes to make a statement with respect to any information or other evidence of, or relating to, the service offence, that, at the time when the person was so charged or summoned, was not in the possession of any investigating officer concerned in the investigation of the offence, but nothing in this subsection shall be taken to permit an investigating officer to ask such a person any further question other than a question with respect to an ambiguity in a statement referred to in this subsection.

  (3)   Immediately before an investigating officer asks a person who has been charged with, or summoned in respect of, a service offence any questions relating to the service offence, the investigating officer shall give the person a caution of the kind referred to in section   101S or draw the attention of the person to the caution previously given to the person in accordance with that section, as the case requires.

  (4)   Where a person who has been charged with, or summoned in respect of, a service offence voluntarily proposes to make, or commences to make, a statement to an investigating officer in relation to the service offence (including a statement of the kind referred to in subsection   (2)), the investigating officer shall caution the person in a language in which the person is reasonably fluent, in writing, and also, if practicable, orally, before the person commences to make the statement or, if it is not practicable to do so, as soon as practicable after the person commences to make the statement, that the person is not obliged to, but may if the person wishes, make a statement and that the statement may be used in evidence.



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