South Australian Current Acts South Australian Current Acts (1) Subject to this
section, where a person is apprehended by a police officer (whether with or
without a warrant)—
(a) the
person is entitled to make, in the presence of a police officer, one telephone
call to a nominated relative or friend to inform the relative or friend of his
or her whereabouts; and
(b)
where the person is apprehended on suspicion of having committed an
offence—
(i)
the person is entitled to have a solicitor, relative or
friend (in the case of a minor the relative or friend must be an adult)
present during any interrogation or investigation to which the person is
subjected while in custody; and
(ii)
if English is not the person's native language—the
person is entitled, if he or she so requires, to be assisted at an
interrogation by an interpreter; and
(iii)
the person is, while in custody, entitled to refrain from
answering any question (unless required to answer the question under this or
any other Act or law).
(1a) Where a minor has
been apprehended on suspicion of having committed an offence and—
(a) the
minor does not nominate a solicitor, relative or friend to be present during
an interrogation or investigation relating to the suspected offence; or
(b) the
solicitor, relative or friend nominated by the minor is unavailable or
unwilling to attend the interrogation or investigation,
then, subject to subsection (1b), the minor must not be subjected to an
interrogation or investigation until the police officer in charge of the
investigation of the suspected offence has secured the presence of—
(c) a
person, or a person of a class, nominated by the Chief Executive within the
meaning of the Youth Justice Administration Act 2016 to represent the
interests of children subject to criminal investigation; or
(d)
where no such person is available, some other person (not being a minor, a
police officer or an employee of the Police Department) who, in the opinion of
the police officer, is a suitable person to represent the interests of the
minor.
(1b) An interrogation
or investigation may proceed despite subsection (1a) if—
(a) the
suspected offence is not an offence punishable by imprisonment for two years
or more; and
(b) it
is not reasonably practicable to secure the presence of a suitable
representative of the child's interests as contemplated by that subsection.
(2) The police officer
who is in charge of the investigation of a suspected offence in relation to
which a person has been apprehended may decline to permit—
(a) the
person in custody to make a telephone call to a particular person (being a
relative or friend); or
(b) a
particular person (being a relative or friend of the person who has been taken
into custody) to be present at an interrogation or investigation,
if the officer has reasonable cause to suspect that communication between the
person in custody and that particular person would result in an accomplice
taking steps to avoid apprehension or would prompt the destruction or
fabrication of evidence.
(3) A police officer
must, as soon as is reasonably practicable after the apprehension of a
person—
(a)
inform that person of his or her rights under subsection (1); and
(b) warn
the person that anything that he or she may say may be taken down and used in
evidence.