Speaking to and presence of independent person
505 Speaking to and presence of independent person
This section applies if the independent person arrives.
If the relevant person asks to speak to the independent person, the investigating police officer must—
as soon as practicable, provide reasonable facilities to enable the relevant person to speak to the independent person; and
if the relevant person is a child and it is reasonably practicable to do so—allow the relevant person to speak to the independent person in circumstances in which the conversation can not be overheard; and
in any case—if the independent person is a lawyer and it is reasonably practicable to do so, allow the relevant person to speak to the lawyer in circumstances in which the conversation can not be overheard.
If the relevant person asks that the independent person be present while the forensic procedure is being performed, the investigating police officer must allow the independent person to be present and give advice to the relevant person during the performance of the procedure.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.