Terrorism (Extraordinary Temporary Powers) Act 2006
46Compliance with obligation to inform
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46 Compliance with obligation to inform (1) Section 44 or section 45 does not apply if the actions of the person detained under the preventative detention order make it impracticable for the police officer to comply with the section. (2) If a police officer does not comply with section 44 or section 45, the police officer must record the noncompliance and the reasons for it. (3) The police officer detaining the person under the preventative detention order complies with section 44 (1) if the police officer tells the person in substance about the matters mentioned in section 44 (2) (even if this is not done in language of a precise or technical nature). (4) The police officer detaining the person under the preventative detention order must arrange for the assistance of an interpreter in complying with section 44 (1) or section 45 if the officer suspects, or has grounds to suspect, that the detained person cannot, because of inadequate knowledge of the English language or a disability, communicate with reasonable fluency in English. (5) Without limiting subsection (3), the assistance of the interpreter may be provided by phone if— (a) the detained person agrees; or (b) it is not practicable to arrange for the interpreter to attend in
Preventative detention orders—informing detained people Division 2.9 (6) The lawfulness of a person’s detention under a preventative detention order is not affected by a failure to comply with section 44 (1), section 45, or subsection (3).