Crimes Act 1914

Part IC - Investigation of Commonwealth offences  

Division 3 - Obligations of investigating officials  

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Note:

These obligations apply in relation to protected suspects as well as to people under arrest.

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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  

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(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 .

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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.

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