Rights re Friends, Relatives and Lawyers
Before questioning, relevant person must be informed of (s 418 Police Powers and Responsibilities Act)
* right to contact a friend OR relative AND a lawyer
- must be give facilities to do so & privacy to speak to lawyer (s 419(1))
* right to ask them to be present during questioning
- must be allowed to be present - unless unreasonably interfering (s 419(2) & (3)).
Questioning must be delayed for a reasonable time to allow this (s 418(2) & (3)). Reasonable time to delay while waiting arrival depends on the circumstances (e.g. travelling distance and estimated time of arrival): s 418(4). Reasonable time to delay to make contact depends on the circumstances (e.g. number and complexity of matters): s 418(5). A delay of more than two hours may be unreasonable unless special circumstances exist: (s 418(6)).
* right to contact a friend OR relative AND a lawyer
- must be give facilities to do so & privacy to speak to lawyer (s 419(1))
* right to ask them to be present during questioning
- must be allowed to be present - unless unreasonably interfering (s 419(2) & (3)).
Questioning must be delayed for a reasonable time to allow this (s 418(2) & (3)). Reasonable time to delay while waiting arrival depends on the circumstances (e.g. travelling distance and estimated time of arrival): s 418(4). Reasonable time to delay to make contact depends on the circumstances (e.g. number and complexity of matters): s 418(5). A delay of more than two hours may be unreasonable unless special circumstances exist: (s 418(6)).