Directions in relation to minor’s representatives
34FD Directions in relation to minor’s representatives
This section applies if:
the subject of a minor questioning warrant is appearing before a prescribed authority for questioning under the warrant; and
a minor’s representative (a non‑lawyer representative) for the subject, who is not also a lawyer for the subject, is not present.
If warrant includes immediate appearance requirement
If:
the warrant includes an immediate appearance requirement; and
a lawyer for the subject is present during the questioning;
the prescribed authority must, either orally or in writing:
give a direction that the subject may be questioned under the warrant in the absence of a non‑lawyer representative; and
if the subject requests that a non‑lawyer representative be present during the questioning—give a direction that the subject must be permitted to contact a non‑lawyer representative.
The subject of a minor questioning warrant may only be questioned if a lawyer for the subject is present: see subsection 34FA(1).
In the absence of a non‑lawyer representative, the lawyer for the subject is also the minor’s representative for the subject.
If warrant does not include immediate appearance requirement
If:
the warrant does not include an immediate appearance requirement; and
the subject requests that a non‑lawyer representative be present during the questioning;
the prescribed authority must, either orally or in writing:
give a direction under paragraph 34DE(1)(d) deferring questioning of the subject for such time as the prescribed authority considers reasonable to enable:
the subject to contact a non‑lawyer representative; and
a non‑lawyer representative to be present during the questioning; or
give a direction that the subject may be questioned under the warrant in the absence of a non‑lawyer representative, if:
the prescribed authority is satisfied that such time as is reasonable to enable a non‑lawyer representative to be present during the questioning has passed; and
a lawyer for the subject is present during the questioning.
In the absence of a non‑lawyer representative, the lawyer for the subject is also the minor’s representative for the subject.
If:
the warrant does not include an immediate appearance requirement; and
the subject voluntarily chooses not to request that a non‑lawyer representative be present during the questioning; and
a lawyer for the subject is present during the questioning;
the prescribed authority must, either orally or in writing, give a direction that the subject may be questioned under the warrant in the absence of a non‑lawyer representative.
In the absence of a non‑lawyer representative, the lawyer for the subject is also the minor’s representative for the subject.
When non‑lawyer representative is present
A direction under paragraph (2)(c) or (3)(d) or subsection (4) in relation to the subject of a minor questioning warrant ceases to have effect if:
the subject contacts a non‑lawyer representative; and
the non‑lawyer representative is present during the questioning.
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