New South Wales Repealed Regulations

This legislation has been repealed.

CRIMES (DETENTION AFTER ARREST) REGULATION 1998 - REG 21

21 Support person may be present

(1) A vulnerable person is entitled to have a support person present during any investigative procedure in which the person is to participate.

(2) However, a person who is a vulnerable person solely as a result of being a person of non-English speaking background is entitled to have a support person present only if an interpreter would (in the absence of section 356S (3) of the Act) be required to be arranged for the person under section 356S (1) of the Act but is not required to be arranged because of section 356S (3) of the Act.

(3) Before any such investigative procedure starts, the custody manager must inform the vulnerable person that he or she is entitled to the presence of a support person during any such investigative procedure.

(4) If the detained person wishes to have a support person present, the custody manager must, as soon as practicable:

(a) give the detained person reasonable facilities to enable the person to arrange for a support person to be present, and

(b) allow the person to do so in circumstances in which, so far as is practicable, the communication will not be overheard.

(5) The custody manager must defer for a reasonable period any such investigative procedure until a support person is present unless the vulnerable person has expressly waived his or her right to have a support person present.

(6) An investigative procedure is not required to be deferred under subclause (4) for more than 2 hours to allow a support person to arrive at the place of detention.

(7) A requirement imposed on a custody manager under this clause need not be complied with if the custody manager believes on reasonable grounds that doing so is likely to result in:

(a) an accomplice of the detained person avoiding arrest, or

(b) the concealment, fabrication, destruction or loss of evidence or the intimidation of a witness, or

(c) hindering the recovery of any person or property concerned in the offence under investigation, or

(d) bodily injury being caused to any other person.

(8) Further, in the case of a requirement under this clause that relates to the deferral of an investigative procedure, the requirement need not be complied with if the custody manager believes on reasonable grounds that the investigation is so urgent, having regard to the safety of other persons, that the investigative procedure should not be deferred.