sec.418Right to communicate with friend, relative or lawyer

### sec.418 Right to communicate with friend, relative or lawyer Before a police officer starts to question a relevant person for an indictable offence, the police officer must inform the person that the person may— telephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present during questioning; and telephone or speak to a lawyer of the person’s choice and arrange, or attempt to arrange, for the lawyer to be present during the questioning. The police officer must delay the questioning for a reasonable time to allow the person to telephone or speak to a person mentioned in subsection (1) . If the person arranges for someone to be present, the police officer must delay the questioning for a reasonable time to allow the other person to arrive. What is a reasonable time to delay questioning to allow a friend, relative or lawyer to arrive at the place of questioning will depend on the particular circumstances, including, for example— how far the person has to travel to the place; and when the person indicated the person would arrive at the place. What is a reasonable time to delay questioning to allow the relevant person to speak to a friend, relative or lawyer will depend on the particular circumstances, including, for example, the number and complexity of the matters under investigation. Unless special circumstances exist, a delay of more than 2 hours may be unreasonable. s 418 (prev s 212) renum 2000 No. 22 s 13 amd 2024 No. 24 s 57 s ch 1 pt 2 (sec.418-ssec.1) Before a police officer starts to question a relevant person for an indictable offence, the police officer must inform the person that the person may— telephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present during questioning; and telephone or speak to a lawyer of the person’s choice and arrange, or attempt to arrange, for the lawyer to be present during the questioning. (sec.418-ssec.2) The police officer must delay the questioning for a reasonable time to allow the person to telephone or speak to a person mentioned in subsection (1) . (sec.418-ssec.3) If the person arranges for someone to be present, the police officer must delay the questioning for a reasonable time to allow the other person to arrive. (sec.418-ssec.4) What is a reasonable time to delay questioning to allow a friend, relative or lawyer to arrive at the place of questioning will depend on the particular circumstances, including, for example— how far the person has to travel to the place; and when the person indicated the person would arrive at the place. (sec.418-ssec.5) What is a reasonable time to delay questioning to allow the relevant person to speak to a friend, relative or lawyer will depend on the particular circumstances, including, for example, the number and complexity of the matters under investigation. (sec.418-ssec.6) Unless special circumstances exist, a delay of more than 2 hours may be unreasonable. - (a) telephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present during questioning; and - (b) telephone or speak to a lawyer of the person’s choice and arrange, or attempt to arrange, for the lawyer to be present during the questioning. - (a) how far the person has to travel to the place; and - (b) when the person indicated the person would arrive at the place.