Crimes Act 1914
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.
View history note
Hide history noteSECTION 23L Exceptions
(1)
Subject to subsections (2) and (4), if a requirement imposed on an investigating official by this Part is expressed as being subject to this section, the requirement does not apply if, and for so long as, the official believes on reasonable grounds that:
(a)
compliance with the requirement
is likely to result in:
(i) an accomplice of the person taking steps to avoid apprehension; or
(ii) the concealment, fabrication or destruction of evidence or the intimidation of a witness; or
(b)
if the requirement relates to the
deferral of questioning
-
the questioning is so urgent, having regard
to the safety of other people, that it should not be delayed by compliance
with that requirement.
(2)
If the requirement relates to things done by or in relation to a legal practitioner, subsection (1) only applies:
(a)
in exceptional
circumstances; and
(b)
if:
(i) an officer of a police force of the rank of Superintendent or higher; or
has authorised the application of subsection (1) and has made a record of the investigating official's grounds for belief.
(ii) the holder of an office prescribed for the purposes of this section, other than an office in a police force;
(3)
If the application of subsection (1) is so authorised:
(a)
the record of the investigating official's grounds for belief
must be made as soon as practicable; and
(b)
the investigating official must comply with the requirement as
soon as possible after subsection (1) ceases to apply.
(4)
If the application of subsection (1) results in:
(a)
preventing
or delaying the person from communicating with a legal practitioner of his
or her choice; or
(b)
preventing
or delaying a legal practitioner of the person's choice from attending at
any questioning;
the investigating official must offer the services of another legal practitioner and, if the person accepts, make the necessary arrangements.
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