Absence of independent person does not affect lawfulness of custody etc.
506 Absence of independent person does not affect lawfulness of custody etc.
This section applies if a relevant person wishes to have an independent person present while a forensic procedure is being performed on the person and—
after having indicated a willingness and ability to attend—the independent person fails to attend within a reasonable time; or
evidence is likely to be lost or destroyed if the forensic procedure is delayed to allow the independent person to attend.
The lawfulness of the detention in custody of the relevant person or of the performance of the forensic procedure is not affected by the absence, while the procedure is being performed, of the independent person.
This Act’s bill:Explanatory memorandum
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