ANTIGUA AND BARBUDA
INTERVIEWING OF ACCUSED FOR SERIOUS CRIMES BILL, 2015
NO. OF 2015
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ANTIGUA AND BARBUDA
INTRVIEWING OF ACCUSED FOR SERIOUS CRIMES BILL, 2015
ARRANGEMENT OF SECTIONS
1. Short title and Commencement
2. Interpretation
3. Application
4. Custodial Interview
5. Procedure for custodial interview
6. Recordings required if a statement provided
7. Presumption of admissibility
8. Rebuttal of presumption of admissibility
9. Exception
10. Recorded Interview to be made available to the accused
11. Effect of failure of accused to mention facts when interviewed
12. Effect of charge for a matter otherwise than a serious crime
13. Amendment of schedules
14. Regulations
First Schedule
Second Schedule
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ANTIGUA & BABUDA
INTERVIEWING OF ACCUSED FOR SERIOUS CRIMES BILL, 2015
NO. OF 2015
AN ACT to provide for the creation of video and audio recording of the custodial
interview by law enforcement officers of a person accused of a serious crime.
ENACTED by the Parliament of Antigua and Barbuda as follows-
1. Short title and Commencement
This Bill may be cited as The Interviewing of Accused for Serious Crimes Bill, 2015.
2. Interpretation
In this Act—
“accused” means a person reasonably suspected of having committed a serious
crime and who is under arrest for the serious crime;
“authorising officer” means a law enforcement officer of the status of Police
Inspector or higher;
“court” means a court of competent jurisdiction;
“custodial interview” means an interview which occurs while a person is under
arrest in a place of detention, involving a law enforcement officer’s questioning
under caution that is reasonably likely to elicit incriminating responses beginning
with a law enforcement officer’s advice of the person’s constitutional rights and
ending when the interview has completely finished;
“defendant” in relation to any criminal proceedings, means any person charged with
a serious crime to which the proceedings relate (whether or not convicted);
“electronic recording” means an audio, video or digital recording that is an
authentic, accurate, unaltered record of a custodial interview;
“law enforcement agency” means the Royal Police force of Antigua and Barbuda,
The Customs Department, The Immigration Department, the financial intelligence
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unit of the Office of National Drug and Money Laundering Control Policy or other
investigatory agency in Antigua and Barbuda of a similar standing;
“legal advisor” means a person who is admitted and entitled to practise law as a
barrister, solicitor or an attorney-at-law in Antigua and Barbuda;
“Minister” means the Minister responsible for legal affairs;
“place of detention” includes a jail, police station, a holding cell, or other place
where a person is held in connection with juvenile or criminal charges and where the
recording equipment is located;
“remote communication” means communicating from a different location from that
where the custodial interview takes place;
“serious crime” means an offence listed in the First Schedule;
“statement” means any communication made by an accused whether oral, written,
electronically recorded or by sign language.
“written statement” means any statement made in writing and signed by the
accused in relation to his arrest for a serious crime.
3. Application
This Act shall apply to the interviewing of persons reasonably suspected or accused of
having committed a serious crime, and if the provisions of this Act conflicts with any
other law, or the exercise of any power conferred by or under this Act is inconsistent with
the exercise of a power conferred by or under any other law, the terms of this Act shall
prevail.
4. Custodial Interview
(1) An authorizing officer shall conduct a custodial interview of a person accused of a
serious crime.
(2) The custodial interview conducted under subsection (1) shall be electronically
recorded.
(3) Notwithstanding subsection (2) an authorizing officer may, in accordance with sub-
paragraph 3.2 of the guidance set out in the Second Schedule, authorize the interviewing
officer not to electronically record the custodial interview.
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5. Procedure for custodial interview
(1) The guidance set out in the Second Schedule applies to the procedure for
electronic recording of a custodial interview.
(2) If required, an interpreter may participate in the custodial interview by remote
communication.
6. Recordings required if a statement provided
A written statement made by an accused must be read during a custodial interview
relating to a serious crime and shall be electronically recorded
7. Presumption of Inadmissibility
Subject to sections 8 and 9, a statement made by an accused during a custodial interview
that is not electronically recorded in accordance with section 4 is presumed inadmissible
in any criminal proceeding brought against the accused.
8. Rebuttal of the presumption of inadmissibility
A presumption of inadmissibility under section 7 is rebutted if the court finds:
(a) that the statement is admissible under applicable rules of evidence; (b) that the statement is proven beyond a reasonable doubt to have been made
voluntarily and is reliable; or
(c) the statement was made by the accused during the routine processing of the accused in response to a question put by a law enforcement officer; and
(d) either (i) a law enforcement officer made a contemporaneous record of the
reason for not making an electronic recording of the statement;
(ii) a law enforcement officer failed in good faith to make an electronic recording of the custodial interview because the law
enforcement officer failed to operate the recording equipment
properly, or the recording equipment malfunctioned or stopped
operating;
(iii) the custodial interview took place in another jurisdiction and was conducted by a law enforcement officer of that jurisdiction in
compliance with the law of that jurisdiction;
(iv) the law enforcement officer conducting the custodial interview reasonably believed that the making of an electronic recording
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would jeopardise the safety of the accused, a law enforcement
officer, another person, or the identity of a confidential informant;
(v) the law enforcement officer conducting the custodial interview reasonably believed that the crime for which the person was taken
into custody, or was being investigated or questioned was not a
serious crime;
(vi) that the equipment to make an electronic recording of the custodial interview could not be obtained while it was reasonable to detain
the accused; or
(vii) exigent circumstances existed which prevented the making of, or rendered it not practicable to make, an electronic recording of the
custodial interview.
9. Exception
(1) An electronic recording of a statement made by an accused in relation to any
matter in issue in a criminal proceeding against him may not be admitted into evidence in
the proceeding if it is represented to the court that the statement was or may have been
unfairly obtained or is unreliable.
(2) The court may, of its own motion or in response to the representation made by
the accused that a statement was unfairly obtained, require the prosecution to prove
beyond reasonable doubt that a statement was made by the defendant voluntarily, and is
reliable before admitting the statement into evidence.
10. Recorded interview to be made available to the accused
(1) If an electronic recording is made of a custodial interview and the accused is
charged with an offence to which the custodial interview relates, a copy of the electronic
recording must be made available to the accused or the accused’s legal advisor within
fourteen days after the accused is charged or, if that is not practicable, as soon as
practicable after that period.
(2) An accused nor his legal advisor is entitled to a transcript of the electronic
recording of a custodial interview, or to a transcript of any part of such electronic
recording.
(3) The court may order that a transcript of the electronic recording be provided to
the accused if it is satisfied that –
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(a) the words spoken in the custodial interview cannot be understood
satisfactorily; and
(b) it is practicable to prepare a transcript.
(4) Subsections (2) and (3) do not prevent a law enforcement officer from making a
transcript of an electronic recording of a custodial interview and supplying a copy of it to
the accused or his legal advisor as a matter of courtesy.
11. Effect of failure of accused to mention facts when interviewed
(1) Subsection (2) applies where in any proceedings against a defendant for a serious
crime, evidence is given that the defendant –
(a) failed to mention in his custodial interview, or at any time prior to being
charged, any fact relied on in his defence; or
(b) failed to mention any fact which he could easily have being a fact which he
could
(2) Any Order made under subsection (1) shall be subject to Affirmative Resolution
of the House
12. Effect of charge for a matter other than a serious crime
If a defendant is charged for a matter that is not a serious crime the custodial interview is
still admissible in any criminal proceedings against the defendant.
13. Amendment of Schedules
(1) The Minister may amend the First Schedule and the Second Schedule by Order
published in the Gazette.
(2) an Order made under subsection (1) shall be subject to a negative resolution of
the House.
14. Regulations
The Minister may make Regulations for the better administration of this Act.
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FIRST SCHEDULE
SERIOUS CRIMES
(Section 2)
Money laundering;
Offence contrary to section 5 (2) or (3) or (6) or 19A or an offence under the customs law
in connection with a prohibition or a restriction on importation or exportation having
effect by virtue of section 4 of the Misuse of Drugs Act;
Offence contrary to section 12 or 13 or 32 of the Firearms Act;
Offence contrary to section 24 or 25 or 33 or 34 or 38 of the Larceny Act
Offence contrary to section 2 or 3 or 4 or 5 or 6 or 6 or 8 or 9 or 10 of the Malicious
Damage Act;
Murder; Manslaughter;
Kidnapping;
Human Trafficking;
Rape; and
Conspiring, procuring, counselling, aiding and abetting or attempting to commit and
offence listed above.
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SECOND SCHEDULE
(SECTIONS 4 AND 5)
GUIDANCE FOR ELECTRONIC RECORDING OF INTERVIEWS
1. General
1.1 This Guidance must be made readily available at the request of:
(a) law enforcement officers; (b) law enforcement staff; (c) accused or arrested persons; and (d) members of the public
1.2 The term:
“accused” means a person who is reasonably suspected of and has been accused of
committing a serious crime and is under arrest for that crime;
“admission” means an admission made by an accused to a law enforcement officer
whether the admission is by spoken words or by acts or otherwise;
“appropriate adult” means –
(a) In the case of a juvenile; (i) The parent, guardian; (ii) An officer approved by the Director of Family Services; or (iii) Any responsible adult of the age 18 years or older who is not a law
enforcement officer or a person employed by or in a law
enforcement agency, and who has no connection with the matters
involved in the investigation.
(b) In the case of a person who is mentally disordered or vulnerable:
(i) A relative, guardian or someone recognised in law as having
responsibility for the custody and care of the mentally disordered or
vulnerable person;
(ii) Someone experience in dealing with mentally disordered or mentally
vulnerable persons but who is not a member of a law enforcement
agency, or has any connection with the matters involved in the
investigation. (However, if the accused person expresses a preference
for a relative to a better qualified stranger, or objects to a particular
person, every effort should be made to respect his wishes so far as
practicable);
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(iii) Some other responsible adult of the age of 18 years or older who is not
a law enforcement officer or employed by a law enforcement agency,
or has any connection with the matters involved in the investigation.
“authorizing officer” means a law enforcement officer of equivalent or higher rank
to an inspector of police;
“custodial interview” means an interview which occurs while a person is under
arrest in a place of detention, involving a law enforcement officer’s questioning
under caution that is reasonably likely to elicit incriminating responses;
“defendant” means any person charged with a serious crime to which the
proceedings relate, whether or not convicted;
“electronic recording” means an audio, video or digital recording that is an
authentic, accurate, unaltered record of a custodial interview, beginning with a law
enforcement officer’s advice of the accused’s constitutional rights and ending when
the interview has completely finished; and “electronically recorded” shall be
interpreted in a similar context;
“independent observer” means a person appointed by the Director of Social
Services to be present during custodial interview of a vulnerable person in
accordance with paragraph 8.
“law enforcement agency” means the police force, customs and excise department,
immigration agency, ONDCP or other investigatory agency established by the State
of Antigua and Barbuda;
“law enforcement officer” means a police officer, a customs and excise officer, an
immigration officer, an investigator of the ONDCP or other officer of a State
investigatory agency within Antigua and Barbuda;
“legal advisor” means a person who is duly admitted and entitled to practise law as a
barrister or a solicitor within the state of Antigua and Barbuda;
“place of detention” means a jail or police station, a holding cell, or other place
where a person is held in connection with a criminal charge and where the recording
equipment is located;
“recording equipment” means any removable, physical audio recording medium,
such as magnetic tape, optical disc or solid state memory, which can be played and
copied;
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“remote communication” means communicating from a location that is different
from where the custodial interview takes place;
“serious crime” means any of the offences mentioned in the First schedule;
“statement” means any form of communication made by the accused whether oral
or written or by sign language or nonverbal communication;
“significant statement” means a statement by the accused which appears capable of
being used in evidence against the accused.
“vulnerable persons” means –
(a) A mentally disordered person or otherwise mentally vulnerable person;
(b) A person who is under the age of 18 years;
“written statement” means any statement made in writing and signed by the
accused in relation to his arrest for a serious crime.
1.3. This guidance is not meant to discourage field interviews. A law enforcement
officer may record any statement made to him or in his presence by an accused even if
the statement was not made at a place of detention.
1.4 If a law enforcement officer to who has recorded a statement pursuant to
paragraph 1.3 should facilitate the recording of the statement pursuant to the Act as soon
as reasonable practicable after the making of the statement and the procedure for
significant statement s pursuant to paragraph 6.6 followed.
1.5. Prior to conducting a custodial interview, a law enforcement officer must ensure
that the accused is not in possession of any weapon, contraband, evidence, electronic
devices or telephones.
2. Electronic recording and sealing of recording media
2.1 Electronic recording of interviews shall be carried out openly to instil confidence
in its reliability as an impartial and accurate record of the interview.
2.2 One copy of the electronic recording, referred to as a master recording, will be
sealed in the presence of the accused. The master recording is either of the two recordings
used in a twin deck or twin drive machine or the only recording in a single deck or single
drive machine.
2.3 A second copy of the electronic recording, referred to as a working copy, will be
placed on file of the accused. The working copy is either the second or third recording in
a twin or triple deck drive machine or a copy of the master recording.
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2.4 At the end of a custodial interview, the law enforcement officer shall seal the
electronic recording by signing a label for the master recording and asking the accused
and any third party present to sign the same label before placing it on the master
recording in the presence of the accused. If the accused or third party refuses to sign the
label for the master recording, an authorizing officer, shall be called into the interview
room and asked to sign it.
3. Interviews to be electronically recorded
3.1 Electronic recording shall be used at a place of detention for any custodial
interview:
(a) with a person who has been cautioned in respect of an offence;
(b) which takes place as a result of a law enforcement officer exceptionally
putting further questions to a accused about a serious crime after he has
been charged with, or been informed he may be prosecuted for, that offence;
or
(c) in which a law enforcement officer wishes to bring to the notice of an
accused, after he has been charged with or been informed he may be
prosecuted for a serious crime, any written statement made by another
person, or the content of an interview with another person.
3.2 The authorizing officer may authorize the interviewing officer not to electronically record the custodial interview:
(a) where it is not reasonably practicable to do so because of failure of the
recording equipment or the non-availability of a suitable interview room or
recording equipment and the authorizing officer considers on reasonable
grounds that the custodial interview should not be delayed until the failure
has been rectified or a suitable room or recording equipment becomes
available; or
(b) where it is clear from the outset that no prosecution will ensure. In such
cases the custodial interview shall be recorded in writing.
3.3 In all cases the authorizing officer shall make a note in specific terms of the reasons for not electronically recording the custodial interview.
3.4 If, during the course of an interview with a person who has voluntarily attended the place of detention, a law enforcement officer has grounds to believe that the
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person has become an accused, the law enforcement officer shall immediately
cease any further questioning, caution the individual and then follow the
procedure laid out in paragraph 6 of this guidance.
3.5 Every part of every electronic interview shall be recorded including the caution, and the taking and reading back of the written statement.
4. Right to contact a friend, relative or a legal adviser
4.1 Before a custodial interview commences a law enforcement officer shall inform
the accused of is right to communicate or attempt to communicate with:
(a) a friend or relative to inform that person of is his whereabouts; and
(b) a legal adviser
4.2 If a law enforcement officer believes on reasonable grounds that:
(a) the communication would result in the escape of an accomplice or the
fabrication or destruction of evidence; or
(b) the questioning is so urgent having regard to the safety of other people, that
it should not be delayed;
the law enforcement officer shall delay this right for a time that is reasonable in the
circumstances before enabling the accused to make, or to attempt to make, the
communication.
4.3 If an accused wishes to communicate with a friend, relative or legal adviser, the
law enforcement officer in whose custody the accused is:
(a) shall afford the accused reasonable facilities as soon as practicable to enable
the accused to do so; and
(b) shall allow the legal adviser of the accused to communicate with the accused
in custody in circumstances in which, as far as practicable, the
communication will not be overheard.
5. Right of foreign national to contact with consular office
5.1 A law enforcement officer who has conduct of a matter in which the accused is not a citizen of Antigua and Barbuda shall inform the accused that he has a right
to communicate with any consular office in Antigua and Barbuda of the country
of which the accused is a citizen.
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5.2 An authorizing officer shall, if the accused wishes to communicate with his consular office, afford the accused reasonable facilities as soon as practicable to
enable the accused to do so.
5.3 Notwithstanding paragraph 5.2, An authorizing officer may authorize the delay of the accused’s right to communicate with the consular office of the country of
which the accused is a citizen if the authorizing officer believes on reasonable
grounds that:
(a) the communication would result in the escape of an accomplice or the
fabrication or destruction of evidence; or
(b) the questioning is so urgent having regard to the safety of other people, that
it should not be delayed
6. Commencement of custodial interview
6.1 When the accused is brought into the interview room the law enforcement officer
shall without delay, but in the sight of the accused, load the recording equipment with
clean media and set the recording equipment to record. The recording media must be
shown to the accused before commencing the custodial interview.
6.2 the law enforcement officer shall then tell the accused formally about the
electronic recording. He shall say:
(a) that the custodial interview is being electronically recorded;
(b) his name and rank and the name and rank of any other law enforcement
officer present;
(c) the name of the accused and any other person present;
(d) the date, time of commencement and place of the custodial interview; and
(e) that the accused will be given a notice about what will happen to the
electronic recording.
6.3 the law enforcement officer shall then caution the accused in the following
words:
“You do not have to say anything, but it may harm your defence if you do not mention
when questioned something which you may later rely on in court. Anything you do say
may be given in evidence.”
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6.4 Minor deviations from the wording of the caution in clause 6.4 will not constitute
a breach of the requirement or render the caution nugatory if the sense of the caution is
preserved.
6.5 the law enforcement officer shall remind the accused of his rights to a legal
advisor.
6.6 the law enforcement officer shall then put to the accused any significant
statement, which occurred before the start of the electronic recording of the custodial
interview, and shall ask him whether he confirms or denies that earlier statement or
whether he wishes to add anything.
6.7 the law enforcement officer shall then put any question to the accused that he
considers necessary to obtain information about the serious crime.
7. Custodial interviews with an accused person who is deaf or unable to speak or
understand English
7.1 If it appears to a law enforcement officer that effective communication cannot be
established because an accused is deaf or hearing impaired or that the accused cannot
speak or understand English, the law enforcement officer shall postpone the custodial
interview until an effective communication with the accused can be established.
7.2 An interpreter may provide interpretation by remote communication.
8. Vulnerable persons
8.1 An electronically recorded custodial interview of a vulnerable person must take
place in the presence of an appropriate adult.
8.2 If the only obstacle to the electronic recording of a custodial interview of a
vulnerable person is that the parent or guardian of the vulnerable person is unavailable
and all reasonable efforts to contact them have failed, an authorizing officer may contact
the Director of Social Services who shall appoint a social worker as an independent
observer to be present during the custodial interview of the vulnerable person.
8.3 If an accused is blind, visually impaired or unable to read, an authorizing officer
shall ensure that a relative or legal advisor of the accused or an appropriate adult is
available to check any documentation and to sign documents if requested by the accused.
8.4 If any procedure in this Guidance requires information to be given to or sought
from a vulnerable person, it must be given or sought in the presence of a parent or
guardian of the vulnerable person or an appropriate adult or an independent observer.
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8.5 The court shall not admit into evidence in any criminal proceeding any
information obtained from a vulnerable person unless the information was obtained in the
presence of a parent, guardian, the legal advisor for the vulnerable person, an appropriate
adult or an independent advisor.
9. Changing recording media
9.1 If, prior to the completion of a custodial interview, the recording equipment
indicates that the recording media has only a short time left to run, the law enforcement
officer shall:
(a) tell the accused that the recording media are coming to an end and that he
intends to conclude that part of the custodial interview;
(b) record a statement of his name, the name of the accused, the date of the
recording and number of the recording media used thus far in the custodial
interview and the time that the recording media is been stopped;
(c) remove the recording media from the recording equipment in the presence of
the accused; and
(d) label and seal the recording media immediately after it is removed from the
recording equipment.
(e) show the accused the new recording media before loading it into the
recording equipment.
9.2 The law enforcement officer shall continue the custodial interview session by
stating:
(i) his name and rank and the name and rank of any other law enforcement
officer present;
(ii) the name of the accused and of any other person present;
(iii) the date and the time that custodial interview is continued; and
(iv) the number of that recording media of the total used for that particular
custodial interview.
10. Taking a break during the custodial interview
10.1 If, during the course of a custodial interview, a decision is made by the law
enforcement officer to take a break in the interview, the law enforcement officer must
pronounce that a break is being taken, state the reason for the break and state the time that
the break starts before stopping the recording.
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10.2 If the room is to be vacated during the break, the procedure for conclusion of a
custodial interview set out in paragraph 14 is to be followed. The custodial interview is to
continue on the same recording media after the break.
10.3 When a custodial interview is restarted after a break, the law enforcement
officer shall, before putting any question to the accused:
(i) state his name and rank and the name and rank of any other law
enforcement officer present;
(ii) the name of the accused and of any other person present;
(iii) the time that the custodial interview is restarting.
11. Failure of recording equipment
11.1 If there is a failure of the recording equipment which can be rectified quickly,
the law enforcement officer shall rectify the problem by using the procedure set out in
paragraph 9 or 10 of this Guidance as appropriate to the situation.
11.2 If there is a failure of the recording equipment that cannot be rectified and there
is no alternate recording equipment available, an authorizing officer may in accordance
with paragraph 3.2 authorise the custodial interview to be conducted without being
electronically recorded.
12. Refusal to go to interview room
12.1 If an accused refuses to go into or remain in a suitable interview room, and the
authorizing officer considers on reasonable grounds that the custodial interview should
not be delayed, the custodial interview may, at the authorizing officer’s discretion, be
conducted in a cell using portable recording equipment or, if none is available, recorded
in writing as in procedures in sub-paragraph 3.2. The reason for this shall be recorded in
accordance with sub-paragraph 3.3
13. Removing recording media from the recording equipment
When a recording media is removed from the recording equipment it must be kept in the
custody of the law enforcement officer having primary conduct of the investigation
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14. Conclusion of Custodial Interview
14.1 At the conclusion of a custodial interview, the accused shall be offered the
opportunity to clarify anything he has said and to add anything he may wish.
14.2 At the conclusion of the custodial interview, including the taking and reading
back of any written statement, the time shall be recorded and the recording equipment
switched off. The master recording media shall be sealed with a master recording label
and treated as an exhibit.
14.3 The accused shall be handed a notice which explains the use which will be
made of the recording media and the arrangements for access to it and that a copy of the
recording media shall be supplied to him as soon as practicable if he is charged or
informed that he will be prosecuted.
15. After the custodial interview
15.1 The law enforcement officer shall make a record in his notebook of the fact that
the custodial interview has taken place and has been electronically recorded, its time,
duration and date and the identification number of the master recording media.
15.2 If no proceedings follow in respect of the person whose custodial interview was
electronically recorded the recording media must nevertheless be kept securely in
accordance with sub-paragraph 16.1
15.3 If an accused is charged with a serious crime he shall be cautioned as follows:
You do not have to say anything, but it may harm your defence if you do not mention
now something which you later rely on in court. Anything you do say may be given in
evidence.
16. Recording security
16.1 The Commissioner of Police or another authorizing officer shall make
arrangements for the master media to be kept securely and their movements accounted
for on the same basis as other material which may be used for evidential purposes.
16.2 A law enforcement officer has no authority to break the seal on a master
recording media which is required for criminal proceedings.
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16.3 If access to the master recording is necessary, an authorizing officer shall
inform the Defendant and his legal advisor that access to the master copy is required and
that it is intended to break the seal of the master copy. The Defendant and his legal
advisor must be invited to be present.
16.3 The seal of a master copy of a recording of a custodial interview shall not be
broken except in the presence of the Director of Public Prosecution or a representative of
his office.
16.4 If the Defendant or his legal representative is present when the seal of the
master copy is broken, the Defendant shall be invited to reseal the document and sign the
master recording label. If neither the Defendant nor his legal adviser is present, the
representative of the Director of Public Prosecutions shall sign the label used to reseal the
recording.
16.3 If no criminal proceedings is brought against the accused in relation to the
matter in the custodial interview, the Commissioner of Police is responsible for making
arrangements to break the seal of the master recording media when this becomes
necessary.
Passed the House of Representatives on
the , 2015.
Passed the Senate on the
, 2015.
………………………………………..
Speaker.
…………………………………………
……………………………………….
President.
……………………………………………
Clerk to the House of Representatives. Clerk to the Senate.
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EXPLANATORY NOTES
This Bill seeks to strength the powers of law enforcement officers in relation to criminal
investigation of serious crimes by allowing the creation of video and audio recordings of
interviews of an accused by a law enforcement officer.
Clause 1: Short title
The short title is provided for in clause 1 of the Bill.
Clause 2: Interpretation
Under the interpretation clause various words used in the Bill are defined. These
includes words such as, “authorizing officer”, “law enforcement officer” and “serious
crime”
Clause 3: Application
The application in clause 3 of the Bill states that where any provisions of the Bill is in
conflict with any other law, or where the exercise of any power conferred by or under the
Bill would be inconsistent with the exercise of a power conferred by or under any other
law, the provisions of the Bill apply in so far as it so conflicts.
Clause 4: Custodial Interview
In clause 4 of the Bill which provides for custodial interviews an accused who is arrested
for a serious crime must undergo a custodial interview.
Clause 5: Procedure for custodial Interview
According to clause 5 of the Bill the procedure that must be followed for a custodial
interview must comply with the guidance set out in the Second Schedule.
Clause 7: Recordings required if a statement provided
In accordance with clause 7 of the Bill if a statement is not electronically recorded it is
considered inadmissible.
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Interviewing of Accused
for Serious Crimes Bill
2015
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Clause 8: Rebuttal of the presumption of inadmissibility
A presumption of admissibility may be rebutted under clause 8 of the Bill if the recording
is admissible under the rules of evidence, or the statement is made voluntarily and is
reliable, or a record of the reasons for not making the electronic recording is made by the
law enforcement officer.
Clause 9: Exception
An electronic recording may not be admissible to clause 9 of the Bill if it was unfairly
obtained.
Clause 10: Recorded interview to be made available to the accused
When an interview is recorded it must be made available to the accused under clause 10
of the Bill.
Clause 11: Effect of failure of accused to mention facts when interviewed
The effect of failure of the accused to mention facts when interviewed is identified in
clause 11 of the Bill.
Clause12: Effect of charge for a matter otherwise than a serious crime
In clause 12 it is stated that where a person is charged for a matter otherwise than a
serious crime an interview may still be electronically recorded.
Clause 13: Amendment of Schedules
The First Schedule and Second Schedule may be amended by the Minister by order under
clause 13 of the Bill.
Clause14: Regulations
The Minister is empowered to make Regulations for the purpose of the Bill by clause 14
of the Bill.
Schedules
The offences to which this Bill applies are contained in the First Schedule and guidance
for the procedure of electronic recording of custodial interviews is contained in the
Second Schedule.