33Subcommittee may interview detainees and other persons

33 Subcommittee may interview detainees and other persons

(1)  A responsible Minister and a detaining authority in relation to a place of detention to which the Subcommittee requests access must ensure that the Subcommittee and any accompanying experts are provided with all reasonable assistance to interview, without witnesses, either personally or through an interpreter, any detainee or any other person at the place of detention whom the Subcommittee chooses to interview.

(2)  It is the duty of a responsible Minister in relation to a place of detention to provide the Subcommittee with all reasonable assistance to interview, without witnesses, either personally or through an interpreter, any person who the Subcommittee believes may be able to give it relevant information concerning the place of detention, the treatment of detainees at the place of detention or the conditions of their detention.

(3)  Nothing in this section prevents a person, chosen by a person whom the Subcommittee wishes to interview, from being present during the interview at that person's request.

(4)  Nothing in this section requires a person, who objects to, or who does not consent to, being interviewed by the Subcommittee, to participate in an interview.

(5)  Before undertaking an interview in accordance with this section, it is the duty of the Subcommittee to advise a detainee who is subject to a detention order under the Youth Justice Act 1997 that –

(a) the detainee may refuse to be interviewed by the Subcommittee; and

(b) if the detainee consents to being interviewed by the Subcommittee, the detainee may choose a person to be present at that interview.