464EPersons under 18 years

464E Persons under 18 years

S. 464E(1) amended by No. 72/2004 s. 27(2).

(1) If a person in custody is under the age of 18 years, an investigating official must not, subject to subsection (2), question or carry out an investigation under section 464A(2) unless—

(a) a parent or guardian of the person in custody or, if a parent or guardian is not available, an independent person is present; and

(b) before the commencement of any questioning or investigation, the investigating official has allowed the person in custody to communicate with his or her parent or guardian or the independent person in circumstances in which as far as practicable the communication will not be overheard.

(2) Subsection (1) does not apply if the investigating official believes on reasonable grounds that—

(a) the communication necessary to give effect to subsection (1)(a) would result in the escape of an accomplice or the fabrication or destruction of evidence; or

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

(3) This section also applies to any questioning or investigation in accordance with an order made under section 464B(5).

(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. 464F inserted by No. 37/1988 s. 5.