31—Compliance with obligations to inform
(1) Section 29(1)
or section 30 does not apply if the actions of the person being detained
under the preventative detention order make it impracticable for the police
officer to comply with the relevant provision (but in legal proceedings the
burden of adducing or pointing to evidence that suggests a reasonable
possibility that the relevant provision did not apply for that reason lies on
the police officer).
(2) The police officer
detaining the person under the preventative detention order complies with
section 29(1) if the police officer informs the person in substance of
the matters covered by section 29(2) (even if this is not done in
language of a precise or technical nature).
(3) The police officer
who is detaining the person under the preventative detention order must
arrange for the assistance of an interpreter in complying with
section 29(1) or section 30 if the police officer has reasonable
grounds to believe that the person is unable to communicate with reasonable
fluency in the English language.
(4) Without limiting
subsection (3), the assistance of the interpreter may be provided by
telephone.
(5) The lawfulness of
a person’s detention under a preventative detention order is not
affected by a failure to comply with section 29(1), section 30 or
subsection (3) of this section.