Where a police officer proposes to conduct an interview of a person whom they suspect, or have reasonable grounds to suspect, has committed an indictable offence, that police officer is obliged to comply with legislative provisions outlining the recording of an interview [see Summary Offences Act 1953 s 74D]. A police interview is defined as a conversation, part of a conversation, or a series of conversations [see Summary Offences Act 1953 s 74C]. Whether a series of conversations is considered an interview depends on the circumstances, proximity and subject matter [see R v Day (2002) 82 SASR 85; R v Flaherty (2003) 86 SASR 300; [2002] SASC 287; and R v B,KM [2009] SADC 47 for examples of the underlying principles].

The police must record all interviews of people suspected of committing an indictable offence through videotape, or audiotape, or in writing [see Summary Offences Act 1953 ss 74D(1), 74D(2) and 74D(3)]. Where the interview is recorded in writing, it must as soon as practicable be read to the suspected person and this process must be recorded on videotape [see s 74D(1)(c)]. The suspect must be given an opportunity to correct any errors in the record of interview [see ss 74D(1)(c)(iii), 74D(1)(c)(iv), 74D(1)(c)(v) and 74D(1)(c)(vi)].