Part IC - Investigation of Commonwealth offences  

Division 3 - Obligations of investigating officials  


These obligations apply in relation to protected suspects as well as to people under arrest.

SECTION 23F   Cautioning persons who are under arrest or protected suspects  


Subject to subsection (3), if a person is under arrest or a protected suspect, an investigating official must, before starting to question the person, caution the person that he or she does not have to say or do anything, but that anything the person does say or do may be used in evidence.


The investigating official must inform the person of the caution in accordance with subsection (1), but need only do so in writing if that is the most appropriate means of informing the person.

Subsections (1) and (2) do not apply so far as another law of the Commonwealth requires the person to answer questions put by, or do things required by, the investigating official.

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.