This action was brought by a police officer, Constable Baff, seeking a declaration that he had the right to silence in relation to an internal police investigation.
The internal police investigation concerned the question of how a woman came to be shot in the face by Constable Baff’s gun while he was on duty in May 2011. Constable Baff was concerned that police suspected he had shot the woman unlawfully. Baff invoked his right to silence. The police team investigating the shooting repeatedly used the Police Regulation 2008 to order Baff to attend interviews and answer questions. Baff maintained his silence. Baff’s lawyers filed for declaratory relief in the Supreme Court in March 2013. The internal investigation has been running for nearly two years.
The Supreme Court found that police officers have the right to silence. This does not come as a surprise, considering that the Police Complaint Handling Guidelines state that,
“As with any suspect in a criminal investigation, a police suspect may exercise their right to silence and should not be directed to provide a statement or participate in an interview.”
