Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p20
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 45126–47655

to investigate his or her involvement (if any) in an offence.

33 Right to remain silent etc. not affected

  Nothing in this Ordinance affects:
 (a) the right of a person in custody to refuse to answer questions or to participate in an investigation of an offence except where the person is required to do so by or under a law in force in the Territory; or
 (b) the burden on the prosecution to prove the voluntariness of an admission or confession made by a person in custody; or
 (c) the discretion of a court to exclude illegally, improperly or unfairly obtained evidence.

34 Certain statements to be admissible as evidence

 (1) This section applies subject to section 37.

 (2) If, in an interview with an investigating officer, a person in custody answers a question of the officer or makes an admission or a confession to the officer, that answer, admission or confession is not admissible as evidence against the person in proceedings for an offence, unless sections 35 and 36 have been complied with.

35 Records of answers, admissions and confessions

 (1) If an answer to a question was given, or an admission or confession was made, in circumstances where it was reasonably practicable to tape record the answer, admission or confession, anything said by or to the person in the interview must be tape recorded.

 (2) If an answer to a question was given, or an admission or confession was made, in circumstances where it was not reasonably practicable to tape record the answer, admission or confession, then:
 (a) at the time of, or as soon as practicable after, the interview, anything said by or to the person in the interview must be recorded in writing:
 (i) in English; or
 (ii) if another language was used by the person in the interview — if practicable, in the other language; and
 (b) as soon as practicable after the record was made, it must be read, and a copy of the record must be given to, the person:
 (i) in English; or
 (ii) if another language was used by the person in the interview — if practicable, in the other language; and
 (c) the 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