sch.11-sec.34Procedure for reading back a written record

sch.11-sec.34 Procedure for reading back a written record

This section applies if the police officer is required to give a relevant person an explanation of a procedure mentioned in— section 33 (2) (b) (i) ; or section 437 (5) of the Act . The police officer must give the explanation in a way substantially complying with the following statements— ‘Some of the questions I have asked you and your responses have not been electronically recorded. I have made a written record of the unrecorded conversation. This is your copy of the written record. I will now read the written record aloud. If you consider there is an error in the written record or there is something left out of the written record, you should say so after I read that part of the written record aloud. You will then be asked to say what the written record should read. Do you understand this is your opportunity to disagree with anything in the written record? Do you understand this procedure?’. If the police officer reasonably suspects the relevant person does not understand the procedure, the police officer may ask the person to explain the procedure in the person’s own words. If necessary, the police officer must further explain the procedure. (sch.11-sec.34-ssec.1) This section applies if the police officer is required to give a relevant person an explanation of a procedure mentioned in— section 33 (2) (b) (i) ; or section 437 (5) of the Act . (sch.11-sec.34-ssec.2) The police officer must give the explanation in a way substantially complying with the following statements— ‘Some of the questions I have asked you and your responses have not been electronically recorded. I have made a written record of the unrecorded conversation. This is your copy of the written record. I will now read the written record aloud. If you consider there is an error in the written record or there is something left out of the written record, you should say so after I read that part of the written record aloud. You will then be asked to say what the written record should read. Do you understand this is your opportunity to disagree with anything in the written record? Do you understand this procedure?’. (sch.11-sec.34-ssec.3) If the police officer reasonably suspects the relevant person does not understand the procedure, the police officer may ask the person to explain the procedure in the person’s own words. (sch.11-sec.34-ssec.4) If necessary, the police officer must further explain the procedure.

• (a) section 33 (2) (b) (i) ; or
• (b) section 437 (5) of the Act .