101DCautioning once decision to charge or summon has been made

101D  Cautioning once decision to charge or summon has been made  (1) After an investigating officer has decided to charge a person with a service offence, to seek the issue of a summons against a person for a service offence or to recommend that a person be so charged or that a summons be so sought:  (a) an investigating officer must not ask the person any question, or request the person to do anything, for a purpose connected with the investigation of the service offence unless the investigating officer or another investigating officer has 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; and  (b) the investigating officer who made the decision must take reasonable steps to ensure that paragraph (a) is not contravened.  (2) A caution for the purpose of paragraph (1)(a) 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.  (3) An investigating officer who is required by subsection (1) to caution a person must, if practicable, tape record the giving of the caution and the person’s response (if any).  (4) 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.  (5) Subsection (1) does not apply in relation to asking a person to take part in an identification parade.