Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies in relation to a minor's representative for the subject of a minor questioning warrant who either:
(a) is, or has been, contacted by the subject as permitted by the warrant or a direction given by a prescribed authority; or
(b) is, or has been, present when the subject was before a prescribed authority for questioning under the warrant.
(2) If a prescribed authority considers that the minor's representative's conduct is unduly disrupting questioning of the subject, the prescribed authority may, subject to subsection (3), direct a person exercising authority under the warrant to remove the minor's representative from the place where the questioning is occurring.
(3) If the prescribed authority directs the removal of the minor's representative:
(a) the prescribed authority must inform the subject that:
(i) the subject may request that another minor's representative (a replacement representative ) for the subject be present during the questioning; and
(ii) the subject may contact a replacement representative to request that the replacement representative be present during the questioning; and
(b) the prescribed authority must direct that:
(i) the subject may contact a replacement representative to request that the replacement representative be present during the questioning; and
(ii) a person exercising authority under the warrant must give the subject facilities for contacting a replacement representative.
(4) If:
(a) the prescribed authority informs the subject under subsection (3); and
(b) a lawyer for the subject is present during the questioning; and
(c) the subject requests that a replacement representative (other than the lawyer) be present during the questioning;
the prescribed authority must:
(d) if the warrant includes an immediate appearance requirement--give a direction that the subject may be questioned under the warrant in the absence of the replacement representative; and
(e) if the warrant does not include an immediate appearance requirement--do either or both of the following:
(i) give a direction under paragraph 34DE(1)(d) deferring questioning of the subject for such time as the prescribed authority considers reasonable to enable the replacement representative to be present during the questioning;
(ii) if the prescribed authority is satisfied that such time as is reasonable to enable the replacement representative to be present during the questioning has passed--give a direction that the subject may be questioned under the warrant in the absence of the replacement representative.
Note: If a prescribed authority gives a direction under this subsection that the subject of a minor questioning warrant be questioned in the absence of a replacement representative, the lawyer for the subject is also the minor's representative for the subject until the replacement representative is present.
(5) If:
(a) the prescribed authority informs the subject under subsection (3); and
(b) a lawyer for the subject is present during the questioning; and
(c) the subject voluntarily chooses not to request that a replacement representative (other than the lawyer) be present during the questioning;
the prescribed authority must give a direction that the subject may be questioned under the warrant in the absence of the replacement representative.
Note: If a prescribed authority gives a direction under this subsection that the subject of a minor questioning warrant be questioned in the absence of a replacement representative, the lawyer for the subject is also the minor's representative for the subject.