Section 23YF — Crimes Act 1914: Obligation of investigating constables relating to tape recordings

(1) If a tape recording is made as required by a provision of this Part, the investigating constable must ensure that: (a) if an audio recording only or a video recording only is made—the recording, or a copy of it, is made available to the suspect, offender or volunteer; and (b) if both an audio recording and a video recording are made: (i) the audio recording, or a copy of it, is made available to the suspect, offender or volunteer; and (ii) the suspect, offender or volunteer is given an opportunity to view the video recording; and (c) in any case, if a transcript of the tape recording is made—a copy of the transcript is made available to the suspect, offender or volunteer. Note 1: If a forensic procedure is carried out as a result of a request by a foreign country or an international tribunal, a copy of anything made may also be provided to that country or tribunal: see section 23YQB. Note 2: If a forensic procedure is carried out as a result of a request by a foreign law enforcement agency, a copy of anything made may also be provided to the foreign law enforcement agency: see subsections 23YQD(3) and (4). (2) Where an investigating constable is required to ensure that a suspect, offender or volunteer is given an opportunity to view a video recording made under this Part, the investigating constable must ensure that the same opportunity is given to: (a) in any case—the suspect’s, offender’s or volunteer’s legal representative; and (b) if the suspect, offender or volunteer is a child or an incapable person—an interview friend of the suspect, offender or volunteer; and (c) if the investigating constable believes on reasonable grounds that the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander—an interview friend of the suspect, offender or volunteer. (3) If section 23YD requires forensic material taken from a suspect, offender or volunteer by a forensic procedure to be destroyed, the investigating constable must ensure that any video recording of the carrying out of the forensic procedure is also destroyed.