101CQuestioning and cautioning of person in custody

101C  Questioning and cautioning of person in custody  (1) Where a person is in custody, an investigating officer shall not ask the person any questions or ask the person to do any thing, for a purpose connected with the investigation of a service offence, unless the investigating officer has told the person his or her name and rank.  (2) Where, at or after the time when a person comes into custody in respect of a service offence, an interview of the person in connection with the service offence is being conducted by an investigating officer, the investigating officer shall not:  (a) ask the person any questions, or ask the person to do any thing, for a purpose connected with the investigation of the service offence; or  (b) cause or permit another person to ask the person any questions, or ask the person to do any thing, for a purpose connected with the investigation of the service offence; unless an investigating officer has, at or since the commencement of the interview cautioned 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.  (2A) A caution for the purpose of subsection (2) must be given in, or translated into, a language in which the person being cautioned is able to communicate with reasonable fluency, but need not be given in writing.  (2B) An investigating officer who is required by subsection (2) to caution a person must, if practicable, tape record the giving of the caution and the person’s response (if any).  (2C) If:  (a) an investigating officer cautions a person under this section; and  (b) the giving of the caution and the person’s response (if any) to the caution are not tape recorded; then, in any proceedings before a service tribunal, the prosecution has the burden of proving that it was not practicable to tape record the giving of the caution or the person’s response (if any) to the caution.  (3) Subsection (2) does not apply in relation to asking a person to take part in an identification parade conducted in accordance with section 101N.