128Provision of interpreter

#### 128 Provision of interpreter 128 Provision of interpreter (cf [Crimes Act 1900](/view/html/inforce/current/act-1900-040), s 356S) > > (1) The custody manager for a detained person or protected suspect must arrange for an interpreter to be present for the person in connection with any investigative procedure in which the person is to participate if the custody manager has reasonable grounds for believing that the person is unable— > > > > > (a) because of inadequate knowledge of the English language, to communicate with reasonable fluency in English, or > > > > > (b) because of any disability, to communicate with reasonable fluency. > > > (2) The custody manager must ensure that any such investigative procedure is deferred until the interpreter arrives. > > > (3) However, the custody manager need not— > > > > > (a) arrange for an interpreter to be present if the custody manager believes on reasonable grounds that the difficulty of obtaining an interpreter makes compliance with the requirement not reasonably practicable, or > > > > > (b) defer any such investigative procedure if the custody manager believes on reasonable grounds that the urgency of the investigation, having regard to the safety of other persons, makes such deferral unreasonable. > > > (4) If an interpreter is not available to be present for the person in connection with any investigative procedure in which the person is to participate, the custody manager must instead arrange for a telephone interpreter for the person. > > > (5) The custody manager must ensure that any such investigative procedure is deferred until a telephone interpreter is available. > > > (6) However, the custody manager need not— > > > > > (a) arrange for a telephone interpreter if the custody manager believes on reasonable grounds that the difficulty of obtaining such an interpreter makes compliance with the requirement not reasonably practicable, or > > > > > (b) defer any such investigative procedure if the custody manager believes on reasonable grounds that the urgency of the investigation, having regard to the safety of other persons, makes such deferral unreasonable. > > **s 128:** Am 2014 No 31, Sch 1 \[19\].