Arrangements for attendance of independent person
504 Arrangements for attendance of independent person
The police officer must delay performing the forensic procedure for a reasonable time to allow the relevant person to telephone or speak to a person mentioned in section 503(c).
What is a reasonable time to delay performing the procedure to allow the relevant person to speak to an independent person will depend on the particular circumstances, including, for example, the relevant person’s age and the nature of the proposed procedure.
If the relevant person arranges for an independent person to be present, the police officer must delay performing the procedure for a reasonable time to allow the independent person to arrive.
What is a reasonable time to delay performing the procedure to allow the independent person to arrive will depend on the particular circumstances, including, for example—
how far the independent person has to travel to the place where the forensic procedure is to be performed; and
when the independent person was expected to arrive at the place.
The State is not responsible for paying any costs of the independent person’s attendance.
Unless special circumstances exist, a delay of more than 2 hours may be unreasonable.
This Act’s bill:Explanatory memorandum
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