Joined: 20/September/2009
Location: Australia
Posts: 31
QuoteReplyTopic: Some clarrification needed on QUEENSLANDPolice Re Posted: 03/November/2009 at 23:30
Could someone please clarify two things for me in regards to the following sections of the legislation...
On reading the Queensland Police Responsibilities Code 2000, does section 33 only apply if the police are asking you to attend for questioning, or does it also apply if they stop you say on a footpath for questioning?
33 Asking persons to attend for questioning
(1) This section applies if a police officer wants to question a person as a suspect, other than a person mentioned in the Act, section 398.
(2) If the police officer approaches the person when not at a police station or police establishment, the police officer must caution the person in a way substantially complying with the following--
'I am (name and rank) of (name of police station or police establishment).
I wish to question you about (briefly describe offence).
Are you prepared to come with me to (place of questioning)?
Do you understand that you are not under arrest and you do not have to come with me?'.
(3) If the person, while not in the company of a police officer, attends a police station or police establishment for questioning, the caution must substantially comply with the following--
'I am (name and rank) of (name of police station or police establishment).
I wish to question you about (briefly describe offence).
Did you come here of your own free will?'.
(4) Before the police officer starts to question the person, the police officer must caution the person in a way substantially complying with the following--
'Do you understand you are not under arrest?
Do you understand you are free to leave at any time unless you are arrested?'.
(5) If the police officer reasonably suspects the person does not understand the caution, the officer may ask the person to explain the meaning of the caution in the person's own words.
(6) If necessary, the police officer must further explain the caution.
And, in Section 35, Right to remain silent not affected.
(3) If the person confirms that he or she does not want to answer any questions, the police officer must not question or continue to question the person.
So, does this mean that if you clearly state to the officer you do not want to answer any questions at any time, be it present or future, that the LAW requires the police officer to stop asking you queastions?
Firstly, this all only applies to indictable offences, where the cops are looking to charge you. The second point is that it doesnt apply to people who are arrested & in custody.
Thanks Shoeverine, seems the law can be a grey area sometimes.
So let me ask, if the court rules that a certain section of the law can be interpretated in a certain way, does it mean that what the court rules then becomes the law?
Yes it becomes the new interpretation of such and it will stay that way until someone challenges it in a higher court.
As for your earlier question regarding police questioning you, they can't continue to question you after you tell them that you have nothing to say.
This applies also for those already in custody.
You can get more answers and info regarding police powers here:
BadCops
BadCop Watch: Australia's most informative website on cops gone bad...
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