New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 98

98 Interpreters

(1) Where--

(a) a police officer proposes to take an action listed in subsection (2), and

(b) the police officer believes on reasonable grounds that the suspect or serious indictable offender is unable, because of inadequate knowledge of the English language or a physical disability, to communicate orally with reasonable fluency in the English language,

the police officer must, before taking the proposed action, arrange for the presence of an interpreter, and defer taking the proposed action until the interpreter is present.

(1A) If it is not practicable to arrange for the presence of an interpreter, it is sufficient compliance with subsection (1) if the police officer arranges for a telephone linking to an interpreter.

(2) The actions are as follows--

(a) asking a suspect, offender, untested former offender or untested registrable person to consent to a forensic procedure (Part 3, 7, 7A or 7B),

(b) ordering the carrying out of a non-intimate forensic procedure on, or taking of a sample by buccal swab from, a suspect, offender, untested former offender or untested registrable person (Part 4, 7, 7A or 7B),

(c) applying to a Magistrate or other authorised officer for an order for the carrying out of a forensic procedure on a suspect, offender, untested former offender or untested registrable person (Part 5, 7, 7A or 7B),

(d) cautioning a suspect, offender, untested former offender or untested registrable person (Part 6, 7, 7A or 7B),

(e) carrying out, or arranging for the carrying out of, a forensic procedure on a suspect, offender, untested former offender or untested registrable person (Part 6, 7, 7A or 7B),

(f) giving a suspect or offender an opportunity to view a video recording made under this Act (section 100).