Where police exercise statutory powers under ss 11 and 14 of LEPRA or s 177 of the Road Transport Act 2013 to require disclosure of identity, non-compliance with s 201 of LEPRA (providing reasons for exercise of power) means s 139(6) of the Evidence Act does not apply and the person is deemed under arrest under s 139(5). However, the s 138 discretionary balance may still favour admission where the non-compliance was inadvertent and minor, the offence serious, and the evidence significant. The case also confirms that 'questioning' under s 139 extends to police asking questions at a crash scene to obtain information, distinguishing R v Naa where police were negotiating in a siege situation.
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