Cautioning relevant persons about the right to remain silent—Act, s 431
29 Cautioning relevant persons about the right to remain silent—Act, s 431
Without limiting section 28, this section also prescribes for section 431(1) of the Act the way in which a relevant person must be cautioned, before the person is questioned about the person’s involvement in the commission of the indictable offence, about the person’s right to remain silent.
The police officer must caution the relevant person in a way substantially complying with the following statements—
‘Before I ask you any questions I must tell you that you have the right to remain silent.
This means you do not have to say anything, answer any question or make any statement unless you wish to do so.
However, if you do say something or make a statement, it may later be used as evidence.
Do you understand?’.
If the questioning is suspended or delayed, the police officer must—
ensure the relevant person is aware the person still has the right to remain silent; and
if necessary, caution the relevant person, in a way substantially complying with subsection (1), when the questioning resumes.
If a police officer cautions a relevant person in the absence of a required person, the officer must repeat the caution in the presence of the required person.
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