Speaking to and presence of friend, relative or lawyer
419 Speaking to and presence of friend, relative or lawyer
If the relevant person asks to speak to a friend, relative or lawyer, the investigating police officer must—
as soon as practicable, provide reasonable facilities to enable the person to speak to the other person; and
if the other person is a lawyer and it is reasonably practicable—allow the relevant person to speak to the lawyer in circumstances in which the conversation can not be overheard.
If the relevant person arranges for another person to be present during questioning, the investigating police officer must also allow the other person to be present and give advice to the relevant person during the questioning.
If the police officer considers the other person is unreasonably interfering with the questioning, the police officer may exclude the person from being present during questioning.
This section does not apply to a person who is an Aboriginal person, Torres Strait Islander person or a child.
Note—For Aboriginal peoples and Torres Strait Islander peoples, see section 420 and for children, see section 421.
This Act’s bill:Explanatory memorandum
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