Document ID: chunk:federal_register_of_legislation:F2008C00189:body:0:p21
Version: federal_register_of_legislation:F2008C00189
Segment Type: other
Provision Reference: 
Character Range: 47544–50103

person must be given the opportunity to interrupt the reading at any time for the purpose of drawing attention to any error or omission that he or she claims has been made in or from the record; and
 (d) at the end of the reading, the person must be given the opportunity to state whether the person claims that there are any errors in or omissions from the record in addition to any to which he or she had drawn attention during the reading; and
 (e) if it is reasonably practicable, a tape recording must be made of the reading referred to in paragraph (b) and of anything said by or to the person as a result of compliance with paragraphs (c) and (d); and
 (f) before the reading referred to in paragraph (b):
 (i) if the reading is in English — an explanation, in accordance with the form in Schedule 4, must be given to the person of the procedure that would be followed for the purposes of compliance with paragraphs (b), (c) and (d) and (if applicable) paragraph (e); and
 (ii) if the reading is in another language — if practicable, that explanation in the other language.

36 Records of statements to be made available without charge

  If the answer, admission or confession of a person in custody is recorded in accordance with this section, the investigating officer must, without charge:
 (a) if the recording is an audio recording only or a video recording only — make the recording, or a copy of the recording, available to the person or to his or her legal representative as soon as practicable after the making of the recording; and
 (b) if both an audio recording and a video recording were made:
 (i) make the audio recording, or a copy of the audio recording, available to the person or to his or her legal representative as soon as practicable after the making of the recording; and
 (ii) notify the person or his or her legal representative that an opportunity will be provided, on request, for viewing the video recording; and
 (c) if a transcript of the tape recording is prepared — make a copy of the transcript available to the person or to his or her legal representative as soon as practicable after the preparation of the transcript.

37 Court may admit non‑complying evidence in certain circumstances

 (1) A court may admit evidence to which section 34 applies even if:
 (a) the requirements of sections 35 and 36 have not been complied with; or
 (b) there is insufficient evidence of compliance with those requirements;
where, having regard to the nature of and the reasons for the non‑compliance or insufficiency of evidence