Part IC
-
Investigation of Commonwealth offences
Division 3
-
Obligations of investigating officials
Note:
These obligations apply in relation to protected suspects as well as to people under arrest.
History
Div 3 heading and note inserted by No 136 of 2001, s 3 and Sch 4 item 40, effective 29 October 2001.
SECTION 23M
Providing information relating to persons who are under arrest or protected suspects
(1)
An
investigating official must inform a person (the
first
person
) who is under arrest or a protected suspect of any request
for information as to his or her whereabouts by any of his or her relatives,
friends or legal representatives.
(2)
The
investigating official must then provide that information to the other person
unless:
(a)
the first person does not agree
to the provision of that information; or
(b)
the investigating official believes on reasonable grounds that
the other person is not the first person's relative, friend or legal representative.
(3)
This
section has effect subject to section
23L
.
History
S 23M substituted by No 136 of 2001, s 3 and Sch 4 item
51A, effective 29 October 2001. S 23M formerly read:
Provision of information relating to a person under arrest
23M
Subject to section
23L
,
if:
(a)
a person is under arrest for a Commonwealth
offence; and
(b)
a relative,
friend or legal representative of the person requests information as to the
whereabouts of the person;
an investigating
official must inform the person under arrest of the request and, after doing
so, must provide that information to the person who made the request unless:
(c)
the person under arrest does not agree to
the provision of that information; or
(d)
the investigating official believes on reasonable grounds that
the person requesting the information is not a relative, friend or legal representative
of the person under arrest.