sch.11-sec.35Ensuring support persons understand role

sch.11-sec.35 Ensuring support persons understand role

This section sets out the responsibilities of a police officer in relation to the questioning of a person as a suspect (the suspect )— about the suspect’s involvement in the commission of an indictable offence; and in the presence of a support person for the suspect. Before a police officer questions the suspect, the officer must— give the support person information in the approved form about the role of support persons during questioning; and ensure, as far as practicable, that the support person understands the nature of the support person’s role; and if the support person asks for an explanation of anything relevant to the support person’s role—give the explanation; and inform the support person of the identity of the suspect and why the suspect is being questioned. The information mentioned in subsection (2) (a) must include the following— a summary of sections  427 , 428 , 429 and 430 of the Act ; a statement that the support person must act in the best interests of the suspect; a statement that, unless the support person is a lawyer, the support person must not provide legal advice to the suspect, but may ask the suspect questions to ensure the suspect understands— that the suspect may ask for a lawyer to be present during questioning, or at any time before questioning ends; and that the suspect is not required to say anything during questioning; and that anything the suspect says during questioning may be used as evidence; and what is said by a police officer during questioning. (sch.11-sec.35-ssec.1) This section sets out the responsibilities of a police officer in relation to the questioning of a person as a suspect (the suspect )— about the suspect’s involvement in the commission of an indictable offence; and in the presence of a support person for the suspect. (sch.11-sec.35-ssec.2) Before a police officer questions the suspect, the officer must— give the support person information in the approved form about the role of support persons during questioning; and ensure, as far as practicable, that the support person understands the nature of the support person’s role; and if the support person asks for an explanation of anything relevant to the support person’s role—give the explanation; and inform the support person of the identity of the suspect and why the suspect is being questioned. (sch.11-sec.35-ssec.3) The information mentioned in subsection (2) (a) must include the following— a summary of sections  427 , 428 , 429 and 430 of the Act ; a statement that the support person must act in the best interests of the suspect; a statement that, unless the support person is a lawyer, the support person must not provide legal advice to the suspect, but may ask the suspect questions to ensure the suspect understands— that the suspect may ask for a lawyer to be present during questioning, or at any time before questioning ends; and that the suspect is not required to say anything during questioning; and that anything the suspect says during questioning may be used as evidence; and what is said by a police officer during questioning.