56Duties during adjournment

### 56 Duties during adjournment > [*\[Section 56 Substituted by No. 22 of 2007, s. 9, Applied:01 Feb 2008\]*](/view/html/inforce/2008-02-01/act-2007-022#GS9@EN) > > > (1)  In this section – > > > > > ***Commander*** means a commander appointed under [section 11 of the](/view/html/inforce/2026-04-12/act-2003-075#GS11@EN) [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-075) ; > > > > > ***relevant Commander*** means the Commander who has responsibilities in relation to the district in which the proceedings that are adjourned under [section 55(5)](#GS55@Gs5@EN) are being conducted. > > > (2)  On the adjournment of proceedings under [section 55(5)](#GS55@Gs5@EN)  – > > > > > > (a) [*\[Section 56 Subsection (2) amended by No. 23 of 2009, s. 25, Applied:16 Jun 2009\]*](/view/html/inforce/2009-06-16/act-2009-023#GS25@Hpa@EN) the lawyer representing the defendant is to notify the relevant Commander, in writing, of that fact as soon as is reasonably practicable; or > > > > > > > (b) [*\[Section 56 Subsection (2) amended by No. 23 of 2009, s. 25, Applied:16 Jun 2009\]*](/view/html/inforce/2009-06-16/act-2009-023#GS25@Hpb@EN) if the defendant does not intend to be represented by a lawyer, the defendant is to notify the relevant Commander, in writing, of that fact as soon as is reasonably practicable. > > > (3)  [*\[Section 56 Subsection (3) amended by No. 23 of 2009, s. 25, Applied:16 Jun 2009\]*](/view/html/inforce/2009-06-16/act-2009-023#GS25@Hpc@EN) During an adjournment of proceedings under [section 55(5)](#GS55@Gs5@EN) , the relevant Commander is to serve a copy of each of the following documents on the lawyer representing the defendant or, if the defendant has notified the relevant Commander that he or she does not intend to be represented by a lawyer, on the defendant: > > > > > > (a) the complaint; > > > > > > > (b) if the defendant has been interviewed in relation to the offence which is the subject of the charge by a police officer or other person investigating the offence, a copy of the transcript of the interview; > > > > > > > (c) the statements of all witnesses that have been obtained by a police officer or other person investigating the offence; > > > > > > > (d) a summary of the material facts relevant to the charge. > > > (4)  [*\[Section 56 Subsection (4) amended by No. 23 of 2009, s. 25, Applied:16 Jun 2009\]*](/view/html/inforce/2009-06-16/act-2009-023#GS25@Hpd@EN) If there is an audio or audio-visual recording of an interview referred to in [subsection (3)(b)](#GS56@Gs3@Hpb@EN) and there is no transcript of the interview, the relevant Commander is to – > > > > > > (a) serve a copy of the recording on; or > > > > > > > (b) provide an opportunity to hear or watch the recording to – > > > > the lawyer representing the defendant or, if the defendant has notified the relevant Commander that he or she does not intend to be represented by a lawyer, the defendant. > > > (5)  A legal representative or defendant served with a copy of an audio or audio-visual recording of an interview by the relevant Commander – > > > > > > (a) must not allow it to be listened to or watched by any person for a purpose not connected with the proceedings; and > > > > > > > (b) must not copy it or allow it to be copied; and > > > > > > > (c) must return it to the relevant Commander within such reasonable period as the Commander specifies.