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COMMONWEALTHAct
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s 34FA

Questioning in absence of lawyer for subject

In force
Part IIIFunctions and powers of Organisation
Division 3Compulsory questioning powers
Subdivision FLawyers and minor’s representatives

34FA Questioning in absence of lawyer for subject

(1)

The subject of a minor questioning warrant must not be questioned under the warrant in the absence of a lawyer for the subject.

(2)

The subject of an adult questioning warrant may be questioned under the warrant in the absence of a lawyer for the subject if:

(a)

the subject voluntarily chooses to be questioned in the absence of a lawyer; or

(b)

a prescribed authority gives a direction under paragraph 34FB(3)(b) or subparagraph 34FF(7)(c)(iii) in relation to the subject.

(3)

This section does not permit questioning of the subject of a questioning warrant by a person exercising authority under the warrant at a time when a person exercising authority under the warrant is required by another section of this Division not to question the subject.

Example:

This section does not permit the subject of a questioning warrant to be questioned when a person exercising authority under the warrant is required by section 34DN or 34DO to defer questioning because an interpreter is not present.

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