S.07.Res.05 IDU status prisoners and employment / programmes

  1. When any person obstructs or attempts to obstructs, staff carrying out the vehicle search he / she should be arrested and cautioned using the following wording:

S.01.R05.01 Adults

  1. You have been arrested for (obstruction of a prison officer in the execution of his / her duty).
  2. I am speaking to you about (give reason).
  3. You have the right to remain silent.
  4. You do not have to make any statement.
  5. Anything said by you will be recorded and may be given in evidence in court.
  6. You have the right to speak to a lawyer without delay and in private before deciding whether to answer questions.
  7. We have a list of lawyers you may speak to for free.

Note: If the advice is given before the suspect is arrested or detained, the advice must be repeated when the suspect is arrested or detained.

S.01.R05.02 Children and young persons

  1. A child is a person under the age of 14 years and a young person of or over 14 years but under 17 years of age. Ensure that all advice is provided in a language and manner that the child / young person can understand. Provide the following advice if there are reasonable grounds to suspect a child / young person has committed an offence or before asking the child / young person any question intended to obtain an admission of an offence. In all cases:
    1. I am speaking to you about (give reason) OR You have been arrested / detained for (give reason).
    2. The following must be provided for a Child or Young Person NOT under arrest:
      1. You may be arrested if you refuse to give your name and address (if sufficient evidence to arrest for an offence but a refusal to give details means a summons could not be served);
      2. You are not obliged to accompany me, and if you consent, you can withdraw that consent at any time.
  2. Questioning: In all cases: After giving each statement of the following rights caution to the child / young person, ask him / her to tell you, in his or her own words, what rights her or she has as follows: (Please explain to me in your own words what this means to you)
    1. You have the right to remain silent.
    2. You do not have to make any statement or answer any questions.
    3. If you agree to make a statement and / or answer any questions you can change your mind and stop at any time.
    4. Anything you say will be recorded and may be given in evidence in court - this means if you are take to court for (offence) what you say to me may be retold to the judge or jury.
    5. You have the right to speak with a lawyer and / or any person nominated by you without delay and in private before deciding whether to make any statement or answer any questions.
    6. You have the right to have your lawyer and / or nominated person with you while you make any statement or answer any questions.
    7. We have a list of lawyers you may speak to for free.

Note: Any nominated person must also be advised of these rights.

S.01.R05.03 Actions once cautioned

  1. If the advice / caution is given during an interview and the suspect is subsequently arrested / detained for that offence, the advice must be given again.
  2. Once the caution is given, there is a requirement to record permanently anything said by the person. The preference is for video recording, but audio recording or written records are acceptable. It will not be viewed well by the Courts if a person is cautioned and no record is kept of what they have said.
  3. The person making the statement must be given an opportunity to review the tape or written statement or to have the written statement read over. They must also be given an opportunity to correct any errors or add anything further. Where the statement is recorded in writing, the person must be asked if he or she wishes to confirm the written record as correct by signing.
  4. There will be occasions in a prison where a person being interviewed will not be arrested or detained under any statute. If the intent or the likely outcome of the interview is that evidence obtained will be used against the person, then the advice / caution should be given. The test the Courts will use is whether the person being interviewed was fairly informed of his / her rights.
  5. The right to access a lawyer without delay must be reasonable in the circumstances. If the arrested person wishes to phone a lawyer, access to a telephone must be provided as soon as reasonable.
  6. The arresting officer or manager should make the telephone call, and once the person answering the phone satisfies the officer or manager that he is in fact a lawyer, the phone should be handed to the arrested person, and the person permitted privacy.