Circumstances in which certain requirements need not be complied with
125 Circumstances in which certain requirements need not be complied with
A requirement imposed on a custody manager under section 123 relating to a friend, relative, guardian or independent person need not be complied with if the custody manager believes on reasonable grounds that doing so is likely to result in—
an accomplice of the detained person or protected suspect avoiding arrest, or
the concealment, fabrication, destruction or loss of evidence or the intimidation of a witness, or
hindering the recovery of any person or property concerned in the offence under investigation, or
bodily injury being caused to any other person.
Further, in the case of a requirement that relates to the deferral of an investigative procedure, a requirement imposed on a custody manager under section 123 relating to a friend, relative, guardian or independent person need not be complied with if the custody manager believes on reasonable grounds that the investigation is so urgent, having regard to the safety of other persons, that the investigative procedure should not be deferred.
This Act’s bill:Explanatory memorandumSecond reading speech
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