sch.11-sec.23Responsibilities when persons exercise right to remain silent

sch.11-sec.23 Responsibilities when persons exercise right to remain silent

This section applies if a person, the person’s lawyer or another required person indicates to the police officer questioning, or intending to question, the person that the person— if questioning has not started—does not want to answer questions; or if questioning has started—does not want to answer any further questions. The police officer must clarify the person’s intention to exercise the person’s right to silence by asking the person— whether the person does not want to answer any questions about the indictable offence or any questions generally; and if any further question is asked relating to the indictable offence or another offence—whether the person would not answer the question. If the person confirms the person does not want to answer any questions, the police officer must not question, or continue to question, the person. However, if the person later indicates that the person is prepared to answer questions, the police officer must, before questioning or continuing to question the person, ask the person— why the person has decided to answer questions; and whether a police officer, or someone else in a position of authority, has instructed or encouraged the person to answer questions. (sch.11-sec.23-ssec.1) This section applies if a person, the person’s lawyer or another required person indicates to the police officer questioning, or intending to question, the person that the person— if questioning has not started—does not want to answer questions; or if questioning has started—does not want to answer any further questions. (sch.11-sec.23-ssec.2) The police officer must clarify the person’s intention to exercise the person’s right to silence by asking the person— whether the person does not want to answer any questions about the indictable offence or any questions generally; and if any further question is asked relating to the indictable offence or another offence—whether the person would not answer the question. (sch.11-sec.23-ssec.3) If the person confirms the person does not want to answer any questions, the police officer must not question, or continue to question, the person. (sch.11-sec.23-ssec.4) However, if the person later indicates that the person is prepared to answer questions, the police officer must, before questioning or continuing to question the person, ask the person— why the person has decided to answer questions; and whether a police officer, or someone else in a position of authority, has instructed or encouraged the person to answer questions.

• (a) if questioning has not started—does not want to answer questions; or
• (b) if questioning has started—does not want to answer any further questions.
• (a) whether the person does not want to answer any questions about the indictable offence or any questions generally; and
• (b) if any further question is asked relating to the indictable offence or another offence—whether the person would not answer the question.
• (a) why the person has decided to answer questions; and
• (b) whether a police officer, or someone else in a position of authority, has instructed or encouraged the person to answer questions.