New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(Clause 14)
The custody manager should not put specific questions to the detained person regarding the person's involvement in any offence.
In considering whether a detained person has a total or partial loss of a person's mental functions or a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, police officers should consider whether the detained person appears:
(a) to have difficulty understanding questions and instructions, or
(b) to respond inappropriately or inconsistently to questions, or
(c) to have a short attention span, or
(d) to receive a disability support pension, or
(e) to reside at a group home or institution, or be employed at a sheltered workshop, or
(f) to be undertaking education, or to have been educated at a special school or in special education classes at a mainstream school, or
(g) to have an inability to understand the caution.
The custody manager should ascertain what property a detained person has with him or her when the person comes to the police station or other place of detention, or had taken from him or her on arrest, and should arrange for safekeeping of the property if it remains at the police station or other place of detention.
If an Aboriginal person or Torres Strait Islander who is not a child is placed in a police cell:
(a) wherever possible, that person should be accommodated with another Aboriginal person or Torres Strait Islander who is not a child, and
(b) the person should not be placed alone in the cell unless there is no reasonably practicable alternative.
(1) An Aboriginal person or Torres Strait Islander who is a child should not be placed in a police cell except in exceptional circumstances that make it necessary for the well-being of the child.
(2) If it is necessary to detain such a child overnight in a police cell, the custody manager should arrange for a support person to remain with the child unless it is not reasonably practicable to do so.
(1) This clause applies to a child who is not an Aboriginal person or Torres Strait Islander.
(2) A child to whom this clause applies should not be placed in a cell unless:(a) no other secure accommodation is available and the custody manager considers that it is not practicable to supervise the child if the child is not placed in a cell, or(b) the custody manager considers that a cell provides more comfortable accommodation than other secure accommodation in the police station.
(3) Such a child should not be placed in a cell with a detained person who is not a child except in exceptional circumstances that make it necessary for the well-being of the child.
If a detained person is placed in a locked police cell, no additional restraint should be used within the cell unless absolutely necessary.
(1) A police officer should bear in mind that a person with some ability in conversational English may still require an interpreter in order to ensure that the person understands his or her legal rights.
(2) A qualified interpreter should be preferred over a person who speaks the detained person's language but is not a qualified interpreter. A qualified interpreter is one who is accredited to professional level by the National Accreditation Authority of Translators and Interpreters in the language concerned.
(3) An interpreter should not be used as a support person.