South Australian Current Regulations South Australian Current Regulations19—Interviewing suspects with complex communication needs
(1) If an
investigating officer proposes to interview a suspect whom the officer
believes may have complex communication needs, the officer must, in addition
to the requirements of section 74D of the Act, make the following arrangements
as may be relevant:
(a)
arrangements for the suspect to be accompanied during the interview by a
person who is a prescribed communication assistant;
(b)
arrangements for the suspect to use, or be provided with, a
prescribed communication device for the purposes of the interview.
(2) Despite
subregulation (1)(a), if the investigating officer is satisfied
that—
(a) it
is not reasonably practicable in the circumstances to make arrangements for
the suspect to be accompanied by a prescribed communication assistant (whether
because no suitable prescribed communication assistant is available or for
some other reason); and
(b) the
circumstances do not warrant postponing the interview until such arrangements
can be made,
the interviewer may proceed with the interview without a prescribed
communication assistant being present.
(3) Despite
subregulation (1)(b), if the investigating officer is satisfied
that—
(a) it
is not reasonably practicable in the circumstances to make arrangements for
the suspect to be provided with a prescribed communication device (whether
because no suitable prescribed communication device is available or for some
other reason); and
(b) the
circumstances do not warrant postponing the interview until such arrangements
can be made,
the interviewer may proceed with the interview without the use of a
prescribed communication device.
(4) For the purposes
of section 74D of the Act—
(a) the
following information must be included in a record of an interview:
(i)
the date on which the record was made;
(ii)
the identity of all persons who were present at any time
during the interview;
(iii)
details of any breaks in the interview, including the
time the break commenced and concluded and (so far as is practicable) the
reason for the break; and
(b) if
an audio visual record of an interview is made and the suspect—
(i)
is accompanied during the interview by a
prescribed communication assistant; or
(ii)
is provided with a prescribed communication device for
the purposes of the interview,
the suspect, the communication assistant and the communication device (as the
case may be) must be visible at all times in the recording.