CRIMES ACT 1914

Part IC - Investigation of Commonwealth offences  

Division 3 - Obligations of investigating officials  

Note:

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

SECTION 23U   Tape recording of information required to be given to person under arrest  

(1)  


If a person is under arrest or a protected suspect, an investigating official who is required by this Part to give the person certain information (including a caution) must tape record, if practicable, the giving of that information and the person's responses (if any).

(2)  
In any proceedings, the burden lies on the prosecution to prove whether it was practicable to tape record the giving of that information and the person's responses (if any).




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