s 397 Police Powers and Responsibilities Act: 'Nothing in this chapter affects the right of a person to refuse to answer questions unless required to answer the question by or under an Act.'
Cautioning as to the Right to Silence
Section 431 Police Powers and Responsibilities Act: Police must warn a relevant person before questioning, in the way required under the code. Substantially complying with the following:
"Before I ask you any questions I must tell you that you have the right to remain silent. This means that you do not have to say anything, answer any question or make any statement unless you wish to do so. However, if you do say something or make a statement. it may later be used in evidence. Do you understand?" (s 26(1) Police Responsibilities Code).
If police reasonably suspect person does not understand they must check understanding and further explain: (s 26(2)-(3) Police Responsibilities Code.) If questioning is suspended/delayed police must ensure relevant person is aware that they still have the right to remain silent and, if necessary, caution them again upon resumption: (s 26(4) Police Responsibilities Code).
Police Responsibilities Code s 24:
(1)-(2): If suspect indicates does not want to answer questions, officer must clarify intention to exercise right to silence.
(3): If person confirms does not want to answer any questions police must not question or continue to question the person.
"Before I ask you any questions I must tell you that you have the right to remain silent. This means that you do not have to say anything, answer any question or make any statement unless you wish to do so. However, if you do say something or make a statement. it may later be used in evidence. Do you understand?" (s 26(1) Police Responsibilities Code).
If police reasonably suspect person does not understand they must check understanding and further explain: (s 26(2)-(3) Police Responsibilities Code.) If questioning is suspended/delayed police must ensure relevant person is aware that they still have the right to remain silent and, if necessary, caution them again upon resumption: (s 26(4) Police Responsibilities Code).
Police Responsibilities Code s 24:
(1)-(2): If suspect indicates does not want to answer questions, officer must clarify intention to exercise right to silence.
(3): If person confirms does not want to answer any questions police must not question or continue to question the person.