34FDDirections in relation to minor’s representatives

34FD Directions in relation to minor’s representatives

(1) This section applies if: (a) the subject of a minor questioning warrant is appearing before a prescribed authority for questioning under the warrant; and (b) a minor’s representative (a non‑lawyer representative) for the subject, who is not also a lawyer for the subject, is not present. If warrant includes immediate appearance requirement (2) If: (a) the warrant includes an immediate appearance requirement; and (b) a lawyer for the subject is present during the questioning; the prescribed authority must, either orally or in writing: (c) give a direction that the subject may be questioned under the warrant in the absence of a non‑lawyer representative; and (d) if the subject requests that a non‑lawyer representative be present during the questioning—give a direction that the subject must be permitted to contact a non‑lawyer representative.

Note 1: The subject of a minor questioning warrant may only be questioned if a lawyer for the subject is present: see subsection 34FA(1).

Note 2: In the absence of a non‑lawyer representative, the lawyer for the subject is also the minor’s representative for the subject.

If warrant does not include immediate appearance requirement (3) If: (a) the warrant does not include an immediate appearance requirement; and (b) the subject requests that a non‑lawyer representative be present during the questioning; the prescribed authority must, either orally or in writing: (c) give a direction under paragraph 34DE(1)(d) deferring questioning of the subject for such time as the prescribed authority considers reasonable to enable: (i) the subject to contact a non‑lawyer representative; and (ii) a non‑lawyer representative to be present during the questioning; or (d) give a direction that the subject may be questioned under the warrant in the absence of a non‑lawyer representative, if: (i) the prescribed authority is satisfied that such time as is reasonable to enable a non‑lawyer representative to be present during the questioning has passed; and (ii) a lawyer for the subject is present during the questioning.

Note: In the absence of a non‑lawyer representative, the lawyer for the subject is also the minor’s representative for the subject.

(4) If: (a) the warrant does not include an immediate appearance requirement; and (b) the subject voluntarily chooses not to request that a non‑lawyer representative be present during the questioning; and (c) a lawyer for the subject is present during the questioning; the prescribed authority must, either orally or in writing, give a direction that the subject may be questioned under the warrant in the absence of a non‑lawyer representative.