101HTreatment of persons in custody

101H  Treatment of persons in custody

 (1) A person shall, while in custody in respect of a service offence, be treated with humanity and with respect for human dignity.

 (2) A person shall not, while in custody in respect of a service offence, be subjected to cruel, inhuman or degrading treatment.

 (3) Where a member of the Defence Force responsible for the custody of a person:

 (a) is informed by the person that the person wishes to be provided with medical treatment in respect of illness or an injury; or

 (b) has reasonable grounds for believing that the person wishes to be provided with, or requires, medical treatment in respect of illness or an injury;

the member of the Defence Force shall, forthwith, take such reasonable action as is necessary to provide the person with medical treatment.

 (4) Where a person is in custody in respect of a service offence, the investigating officer in charge of investigating the service offence shall take all reasonable steps to ensure that the person is provided with reasonable refreshments and reasonable access to toilet facilities.

 (5) Where a person who is in custody in respect of a service offence is to be brought before a service tribunal while still in custody, the investigating officer in charge of investigating the service offence shall take all reasonable steps to ensure that the person is provided with facilities to wash or shower, and with the opportunity to obtain, and change into, other clothes, before the person is brought before the service tribunal.

 (6) Where an investigating officer has reasonable grounds for believing that a person in custody is unable, by reason of inadequate knowledge of the English language or any physical disability, to communicate orally with reasonable fluency in the English language, the investigating officer shall not ask the person any questions in connection with the investigation of a service offence unless:

 (a) a person competent to act as interpreter is present and acts as interpreter during the questioning;

 (b) the investigating officer questions the person in a language in which both the investigating officer and the person are able to communicate with reasonable fluency, or by any other means by which the investigating officer and the person are able to communicate with reasonable proficiency; or

 (c) the investigating officer has reasonable grounds for believing that it is necessary to question the person otherwise than in accordance with paragraph (a) or (b) without delay in order to avoid danger of the death of, or serious injury to, any person or serious damage to property.

 (7) The provisions of subsection (1) or (2) shall not be taken to be contravened by the taking of any action by an investigating officer in accordance with section 101L or by the taking of necessary custodial measures.