Victorian Current Acts

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Right to communicate with friend, relative and legal practitioner

    (1)     Before any questioning or investigation under section 464A(2) commences, an investigating official must inform the person in custody that he or she—

        (a)     may communicate with or attempt to communicate with a friend or relative to inform that person of his or her whereabouts; and

S. 464C(1)(b) amended by No. 72/2013 s. 5(1).

        (b)     may communicate with or attempt to communicate with a legal practitioner (whether the term legal practitioner or lawyer is used)—

and, unless the investigating official believes on reasonable grounds that—

        (c)     the communication would result in the escape of an accomplice or the fabrication or destruction of evidence; or

        (d)     the questioning or investigation is so urgent, having regard to the safety of other people, that it should not be delayed—

the investigating official must defer the questioning and investigation for a time that is reasonable in the circumstances to enable the person to make, or attempt to make, the communication.

    (2)     Subject to subsection (1), if a person wishes to communicate with a friend, relative or legal practitioner, the investigating official in whose custody the person then is—

        (a)     must afford the person reasonable facilities as soon as practicable to enable the person to do so; and

        (b)     must allow the person's legal practitioner or a clerk of the legal practitioner to communicate with the person in custody in circumstances in which as far as practicable the communication will not be overheard.

S. 464C(3) amended by Nos 86/2000 s. 5, 72/2013 s. 5(2).

    (3)     This section also applies to any questioning or investigation in accordance with an order made under section 464B(5) or any questioning conducted by consent under section 464B(11), unless Part IC of the Crimes Act 1914 of the Commonwealth applies.

    (4)     This section does not apply to questioning or investigation in connection with an offence under section 49(1) of the Road Safety Act 1986 .

S. 464D inserted by No. 37/1988 s. 5.

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