Clause 6

in writing; or

in the form of an audiovisual recording.(4) Where a statement made by a person examined under this section is recorded in writing, the statement must —

be read over to the person;

if the person does not understand English, be interpreted for the person in a language that the person understands; and

be signed by the person.(5) Where, before a person makes a statement under this section, any police officer or forensic specialist examining the person reasonably suspects the person of having committed an offence specified in the Third Schedule, any statement made by the person during the examination must be recorded in the form of an audiovisual recording, unless any of the following applies:

due to an operational exigency, it is not feasible to record the statement in the form of an audiovisual recording;

the equipment designated for recording the statement in the form of an audiovisual recording —

does not work; and

cannot be repaired or replaced within a reasonable time;

the person requests that the statement be recorded in writing instead of in the form of an audiovisual recording, and the police officer or forensic specialist examining the person reasonably believes that the granting of the request will facilitate the investigation.(6) Despite subsection (5) —

a mere failure to comply with subsection (5) does not render a statement by a person examined under this section inadmissible if the statement is otherwise admissible; and

no inference is to be drawn by the court from a mere failure to comply with that subsection.(7) Except as provided in subsection (5), any police officer or forensic specialist examining a person under this section may decide whether a statement made by the person during the examination is to be recorded —

in writing; or

in the form of an audiovisual recording.”.