Janice's Willingness To Co-Operate With The Police

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(c) The significance and complexity of the case
(d) Whether or not Janice has shown willingness to co-operate with the police
(e) The age and capacity of Janice to answer questions
(f) For a person who is arrested – any time spent to question the arrested before an arrest;
(g) The need to delay/stop questioning for time-out purposes.
However, under s 404(2), if Janice decides not to answer any questions asked by the police, unless it is not reasonable to continue the detention period unless it is necessary to carry out any further investigations (s 402(2)(a)); or unless Janice has consented to continue the detention period, or another authority requires Janice to assist in an investigative procedure.
Questioning and confessions during detention …show more content…

Staying silent is not an offence (Rice v Connolly). Under s 397, it states that, ‘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.’ Also, under s 431(1) and PR Code s 37(1), the police must respect Janice’s right to silence.
However, there are limitations. Police would require Janice to state their name, address and is required to give evidence of correctness (PR Code s 40-41). If Janice stayed silence here and the police have acted within their authority, then it would be an offence.
Caution right to silence
S 37(1) PR Code states that the police officer would have to caution Janice her right to silence to in a way that tells her that before the police questions Janice, she has the right to remain silent. However, if she does say something or make any statement, then it can later be used as evidence against her. The police would also have to ask Janice if she understands that statement. Under s 37(2) –(3) PR Code, the requirements for the police include: explaining the meaning of right, explain the significance of answering questions asked and also to check whether Janice understands what the police have told her.
Caution freedom to leave
PR Code s 33: Questioning suspects who are not under arrest in police

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