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Police Powers and Responsibilities Act 2000
sec.508Action by police officer if independent person excluded
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### sec.508 Action by police officer if independent person excluded
This section applies if a police officer excludes an independent person from being present while a forensic procedure is being performed on a person.
The police officer must—
advise the person that the person may telephone or speak to another independent person, to ask the person to be present while the procedure is being performed; and
if the person arranges for another independent person to be present—delay the performance of the procedure for a reasonable time to allow the other independent person to be present while the procedure is being performed.
Also, the police officer must arrange for someone else to be present while the procedure is being performed if the person on whom the procedure is being performed—
is a child or a person with impaired capacity; and
has not arranged for another independent person to be present while the procedure is being performed.
s 508 ins 2003 No. 49 s 10
amd 2024 No. 24 s 57 s ch 1 pt 2
(sec.508-ssec.1) This section applies if a police officer excludes an independent person from being present while a forensic procedure is being performed on a person.
(sec.508-ssec.2) The police officer must— advise the person that the person may telephone or speak to another independent person, to ask the person to be present while the procedure is being performed; and if the person arranges for another independent person to be present—delay the performance of the procedure for a reasonable time to allow the other independent person to be present while the procedure is being performed.
(sec.508-ssec.3) Also, the police officer must arrange for someone else to be present while the procedure is being performed if the person on whom the procedure is being performed— is a child or a person with impaired capacity; and has not arranged for another independent person to be present while the procedure is being performed.
- (a) advise the person that the person may telephone or speak to another independent person, to ask the person to be present while the procedure is being performed; and
- (b) if the person arranges for another independent person to be present—delay the performance of the procedure for a reasonable time to allow the other independent person to be present while the procedure is being performed.
- (a) is a child or a person with impaired capacity; and
- (b) has not arranged for another independent person to be present while the procedure is being performed.