sch.11-sec.26Informing relevant persons of right to communicate with friend, relative or lawyer— Act , s 418

sch.11-sec.26 Informing relevant persons of right to communicate with friend, relative or lawyer— Act , s 418

If the police officer is required to inform a relevant person of the matters mentioned in section 418 (1) (a) or (b) of the Act , the officer must inform the person of the matters in a way substantially complying with the following statements— ‘You have the right to telephone or speak to a friend or relative to inform that person where you are and to ask him or her to be present during questioning. You also have the right to telephone or speak to a lawyer of your choice to inform the lawyer where you are and to arrange or attempt to arrange for the lawyer to be present during questioning. If you want to telephone or speak to any of these people, questioning will be delayed for a reasonable time for that purpose. Is there anyone you wish to telephone or speak to?’. If the police officer reasonably suspects the relevant person does not understand the information, the police officer may ask the person to explain the meaning of the information in the person’s own words. If necessary, the police officer must further explain the information. If the relevant person wants to telephone or speak to a lawyer, the police officer must, without unreasonable delay, make available to the person— if the police officer has available a list of lawyers for the region and the person has not asked to telephone or speak to a particular lawyer—the list; or a telephone directory for the region. The police officer must not do or say anything with the intention of— dissuading the relevant person from obtaining legal advice; or persuading the relevant person to arrange for a particular lawyer to be present. (sch.11-sec.26-ssec.1) If the police officer is required to inform a relevant person of the matters mentioned in section 418 (1) (a) or (b) of the Act , the officer must inform the person of the matters in a way substantially complying with the following statements— ‘You have the right to telephone or speak to a friend or relative to inform that person where you are and to ask him or her to be present during questioning. You also have the right to telephone or speak to a lawyer of your choice to inform the lawyer where you are and to arrange or attempt to arrange for the lawyer to be present during questioning. If you want to telephone or speak to any of these people, questioning will be delayed for a reasonable time for that purpose. Is there anyone you wish to telephone or speak to?’. (sch.11-sec.26-ssec.2) If the police officer reasonably suspects the relevant person does not understand the information, the police officer may ask the person to explain the meaning of the information in the person’s own words. (sch.11-sec.26-ssec.3) If necessary, the police officer must further explain the information. (sch.11-sec.26-ssec.4) If the relevant person wants to telephone or speak to a lawyer, the police officer must, without unreasonable delay, make available to the person— if the police officer has available a list of lawyers for the region and the person has not asked to telephone or speak to a particular lawyer—the list; or a telephone directory for the region. (sch.11-sec.26-ssec.5) The police officer must not do or say anything with the intention of— dissuading the relevant person from obtaining legal advice; or persuading the relevant person to arrange for a particular lawyer to be present.