Questioning of persons with impaired capacity

In force

(1)

This section applies if—

(a)

a police officer wants to question a relevant person; and

(b)

the police officer reasonably suspects the person is a person with impaired capacity.

(2)

A police officer must not question the person unless—

(a)

before questioning starts, the police officer has, if practicable, allowed the person to speak to a support person in circumstances in which the conversation will not be overheard; and

(b)

a support person is present while the person is being questioned.

(3)

Also, the police officer must suspend questioning and comply with subsection (2) if, during questioning, it becomes apparent that the person being questioned is a person with impaired capacity.

This Act’s bill:Explanatory memorandum

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422 Questioning of persons with impaired capacity