Compliance with duties to inform
36 Compliance with duties to inform
Section 35(1) does not apply if the actions of the person in detention under the preventative detention order prevent the police officer from complying with the relevant provision.
The police officer detaining the person under the preventative detention order complies with section 35(1) if the police officer informs the person in substance of the matters covered by section 35(2) (even if this is not done in language of a precise or technical nature).
The police officer who is detaining the person under the preventative detention order must arrange for the assistance of an interpreter in complying with section 35(1) if the police officer has reasonable grounds to believe that the person is unable to communicate with reasonable fluency in the English language.
Without limiting subsection (3), the assistance of the interpreter may be provided by telephone.
The lawfulness of a person’s detention under a preventative detention order is not affected by a failure to comply with section 35(1) or (4) or subsection (3).
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