Electronic Recording
All cautions should, if practicable, be electronically recorded, along with the response (s 435 Police Powers and Responsibilities Act 2000 (QLD)).
Questioning of a relevant person must, if practicable, be electronically recorded (s 436(2)). See, eg R v Smith [2003] QCA 76.
Confessions/admissions during questioning ONLY admissible if recorded (s 436(3)). But note exceptions:
* If there is a written record (as long as it complies with strict procedural requirements:
- Record made, during or as soon as reasonably practicable after questioning (s 437(3)); and
- Read to the person and copy provided (s 437(4)); and
- Procedure in s 30 & 31 Police Responsibilities Code followed; and
- Person given opportunity to correct errors/omissions in written record (s 437(6) Police Powers and Responsibilities Act 2000 (QLD)); and
- Reading of confession and any response must be recorded (s 437(7)).
* Discretion to admit record of questioning despite non-compliance if in the interests of justice (s 439). See, eg R v Duong [2002] 1 Qd R 502.
Note also the impact of the McKinney direction - a common law corrobation warning. That is, where there is not an electronic recording the jury will be informed 'that they should give careful consideration as to the dangers involved in convicting an accused person where the only (or substantially the only) basis for findng that guilt has been established beyond reasonable doubt is a confessional statement allegedly made whilst in police custody, the making of which is not reliably corroborated.' (McKinney v The Queen (1991) 171 CLR 468.)