during questioning is to have been obtained improperly if— person was arrest for an offence at the time; and questioning was conducted by an investigating official who was at the time empowered, because of the office that he or she held, to arrest the person; and starting the questioning the investigating official did not caution the person that the person does not have to say or do anything but that anything the person does say or do may be used in evidence. (2) For the purposes of section 138(1)(a), evidence of a statement made or an act done by a person during questioning is taken to have been obtained improperly if— questioning was conducted by an investigating official who did not have the power to arrest the person; and statement was made, or the act was done, after the investigating official formed a belief that there was sufficient evidence to establish that the person has committed an offence; and investigating official did not, before the statement was made or the act was done,
during questioning is to have been obtained improperly if— person was arrest for an offence at the time; and questioning was conducted by an investigating official who was at the time empowered, because of the office that he or she held, to arrest the person; and starting the questioning the investigating official did not caution the person that the person does not have to say or do anything but that anything the person does say or do may be used in evidence. (2) For the purposes of section 138(1)(a), evidence of a statement made or an act done by a person during questioning is taken to have been obtained improperly if— questioning was conducted by an investigating official who did not have the power to arrest the person; and statement was made, or the act was done, after the investigating official formed a belief that there was sufficient evidence to establish that the person has committed an offence; and investigating official did not, before the statement was made or the act was done,
08-47a021.docx