Where police conduct an unrecorded conversation with a suspect and then a recorded interview within 30 minutes, involving the same participants and the same subject matter, with the suspect taken directly from one location to the other, the two conversations will be treated as the same questioning under s 23V of the Crimes Act 1914 (Cth). The availability of recording equipment that police chose not to use will weigh against the exercise of the s 23V(5) discretion.
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