101FLists of legal officers

101F  Lists of legal officers  (1) In this section, prescribed place means a place prescribed for the purposes of this section.  (2) Subject to and in accordance with the regulations, the Director of Defence Counsel Services must establish and, so far as it is reasonably practicable to do so, update at such intervals as the Director thinks appropriate, a list, in relation to each prescribed place, of the names of legal officers who are willing to assist persons who are in custody at, or in the vicinity of, the prescribed place.  (3) Where a person is in custody in respect of a service offence at, or in the vicinity of, a prescribed place, an investigating officer shall furnish to the person a copy of the list of the names of legal officers kept in relation to the prescribed place if:  (a) the person, to the knowledge of the investigating officer, seeks to communicate, but is unable to communicate, with a legal practitioner of the person’s choice; or  (b) the investigating officer has reasonable grounds for believing that the person wishes to communicate with a legal practitioner but does not know of a legal practitioner whom the person could consult.  (4) The requirements of subsection (3) apply only if, and to the extent that, the exigencies of service permit.  (5) A reference in this section to a person in custody in respect of a service offence shall be read:  (a) as not including a reference to a person who is undergoing a punishment of detention or imprisonment in respect of the service offence or is in custody under subsection 172(3A), (4) or (5) in respect of the service offence; and  (b) as including a reference to a person (other than a person referred to in paragraph (a)) who is being, or will be, interviewed by an investigating officer in connection with the investigation of the service offence and has been given a caution of a kind referred to in subsection 101C(2).