When must a judicial police officer confirm that the person being questioned is the suspect, and what questions must the officer ask before questioning begins?
General information · Not legal advice
Material to check
In a practice file, we read the questioning record or transcript of the suspect's statement, the notes the officer made at the start of the questioning, and any identity documents in the file, to see whether the officer asked the person's name, age, registered domicile, residence and occupation before proceeding.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the duty as strict and prior: when a judicial police officer questions a suspect, the officer must first ask the person's name, age, registered domicile, residence and occupation, and must confirm that there is no doubt the person is the suspect, so the questioning that follows rests on that confirmation.
Another reading notes that the provision sets out what the officer must ask and confirm, but says nothing about what follows if the questioning proceeds without that confirmation or on mistaken identity, leaving the effect of any gap in the record to be worked out elsewhere.
Your judgment
If the questioning record does not show those identity questions were asked, how could the file establish that the person questioned was in fact the suspect?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add identity documents or a consequence for failing to confirm identity, or if a court decision sets out what the record must show for the confirmation to be regarded as made.