(1)  Before any questioning or investigation under section 4 may commence, the police officer conducting the investigation must inform the person in custody that he or she –

(a) may communicate with, or attempt to communicate with, a friend or relative to inform the friend or relative of the whereabouts of the person in custody; and

(b) may communicate with, or attempt to communicate with, a legal practitioner.

(2)  Where a person in custody requests –

(a) to communicate with a friend or relative to inform that person of his or her whereabouts; or

(b) to communicate with a legal practitioner; or

(c) to communicate with a friend or relative to inform that person of his or her whereabouts and with a legal practitioner –

the police officer conducting the investigation must, subject to subsection (3) , defer the questioning and investigation for a time that is reasonable in the circumstances to enable the person to make, or attempt to make, the communication.

(3)  Where a person in custody is of or over the age of 18 years, the police officer conducting the investigation may deny the person in custody communication with all or any of the persons referred to in subsection (2) (a) , (b) or (c) for a period not exceeding 4 hours if the police officer believes on reasonable grounds that–

(a) any communication referred to in subsection (2) is likely to result in the escape of an accomplice or the fabrication or destruction of evidence; or

(b) the questioning or investigation is so urgent, having regard to the safety of other people, that it should not be delayed.

(4)  The police officer conducting the investigation or another police officer acting on his or her behalf may, before the expiration of the 4 hour period referred to in subsection (3) or such further period as a magistrate has granted under subsection (6) , apply to a magistrate for an order authorising the police officer to deny the person in custody communication with all or any of the persons referred to in subsection (2) (a) , (b) or (c) for a further period.

(5)  An application under subsection (4) for an order specified in that subsection –

(a) is, except as provided in section 7 , to be made in writing; and

(b) is to set out the grounds for seeking that order.

(6)  If the magistrate is satisfied that there are reasonable grounds for doing so, the magistrate may make an order authorising the police officer to deny the person in custody communication with all or any of the persons referred to in subsection (2) (a) , (b) or (c) for such period as is specified in the order.

(7)  Subject to subsections (3) and (6) , if a person in custody wishes to communicate with a friend, relative or legal practitioner, the police officer in whose custody the person is –

(a) must afford the person reasonable facilities as soon as practicable to enable the person to do so; and

(b) must allow the person's legal practitioner to communicate with the person in custody in circumstances in which as far as practicable the communication will not be overheard.

(8)  This section does not apply to questioning or investigation in connection with an offence under –

(a) section 4 , 6 or 14 of the Road Safety (Alcohol and Drugs) Act 1970 ; or

(b) section 13(1) , 16(1) , 21(2) , 22(3) , 24(2) , 26(2) , 28(3) , 33(3) or 38(3) of the Marine Safety (Misuse of Alcohol) Act 2006 .