6Right to communicate with friend, relative and legal practitioner

6 Right to communicate with friend, relative and legal practitioner

(1)  Before any questioning or investigation under section 4 may commence, the police officer conducting the investigation 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 the friend or relative of the whereabouts of the person in custody; and

(b) may communicate with, or attempt to communicate with, a legal practitioner.

(2)  Where a person in custody requests –

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

(b) to communicate with a legal practitioner; or

(c) to communicate with a friend or relative to inform that person of his or her whereabouts and with a legal practitioner –

the police officer conducting the investigation must, subject to subsection (3) , 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.

(3)  [Section 6 Subsection (3) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] Where a person in custody is of or over the age of 18 years, the police officer conducting the investigation may deny the person in custody communication with all or any of the persons referred to in subsection (2) (a) , (b) or (c) for a period not exceeding 4 hours if the police officer believes on reasonable grounds that–

(a) any communication referred to in subsection (2) is likely to 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.

(4)  [Section 6 Subsection (4) amended by No. 29 of 2018, s. 24, Applied:10 Dec 2018] The police officer conducting the investigation or another police officer acting on his or her behalf may, before the expiration of the 4 hour period referred to in or such further period as a magistrate has granted under , apply to a magistrate for an order authorising the police officer to deny the person in custody communication with all or any of the persons referred to in , or for a further period.