Monitoring contact under s 56, 58 or 61
59 Monitoring contact under s 56, 58 or 61
The contact the person being detained has with another person under section 56, 58 (subject to section 59A) or 61 may take place only if it is conducted in a way that ensures that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the preventative detention order.
The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter.
Without limiting subsection (2), the interpreter mentioned in that subsection may be a police officer.
If the person being detained indicates that the person wishes the contact to take place in a language other than English, the police officer who is detaining the person must—
arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and
if it is reasonably practicable to do so—arrange for those services to be provided as soon as practicable.
A communication between—
a person who is being detained under a preventative detention order; and
a lawyer;
mentioned in section 58(1) is not admissible in evidence against the person in any proceedings in a court.
In this section—listening device see the Police Powers and Responsibilities Act 2000, schedule 6.monitored means monitored directly by a person who is present and not by way of a listening device.
This Act’s bill:Explanatory memorandum
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