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Police Powers and Responsibilities Act 2000
sec.437Requirements for written record of confession or admission
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### sec.437 Requirements for written record of confession or admission
This section applies if a record of a confession or admission is written.
The way the written record of the confession or admission is made must comply with subsections (3) to (7) .
While questioning the relevant person, or as soon as reasonably practicable afterwards, a police officer must make a written record in English of the things said by or to the person during questioning, whether or not through an interpreter.
As soon as practicable after making the record—
it must be read to the person in English and, if the person used another language during questioning, the language the person used; and
the person must be given a copy of the record.
Before reading the record to the person, an explanation, complying with the responsibilities code, must be given to the person of the procedure to be followed to comply with this section.
The person must be given the opportunity, during and after the reading, to draw attention to any error in or omission from the record the person claims were made in the written record.
An electronic recording must be made of the reading mentioned in subsection (4) and everything said by or to the person during the reading, and anything else done to comply with this section.
s 437 (prev s 227) renum 2000 No. 22 s 13
amd 2024 No. 24 s 57 s ch 1 pt 2
(sec.437-ssec.1) This section applies if a record of a confession or admission is written.
(sec.437-ssec.2) The way the written record of the confession or admission is made must comply with subsections (3) to (7) .
(sec.437-ssec.3) While questioning the relevant person, or as soon as reasonably practicable afterwards, a police officer must make a written record in English of the things said by or to the person during questioning, whether or not through an interpreter.
(sec.437-ssec.4) As soon as practicable after making the record— it must be read to the person in English and, if the person used another language during questioning, the language the person used; and the person must be given a copy of the record.
(sec.437-ssec.5) Before reading the record to the person, an explanation, complying with the responsibilities code, must be given to the person of the procedure to be followed to comply with this section.
(sec.437-ssec.6) The person must be given the opportunity, during and after the reading, to draw attention to any error in or omission from the record the person claims were made in the written record.
(sec.437-ssec.7) An electronic recording must be made of the reading mentioned in subsection (4) and everything said by or to the person during the reading, and anything else done to comply with this section.
- (a) it must be read to the person in English and, if the person used another language during questioning, the language the person used; and
- (b) the person must be given a copy of the record.