25GQuestioning of terrorism suspects during detention

#### 25G Questioning of terrorism suspects during detention 25G Questioning of terrorism suspects during detention > > (1) In this section, questioning of a person includes carrying out an investigation in which the person participates. > > > (2) A terrorism suspect may, during investigative detention under this Part, be questioned— > > > > > (a) in connection with the terrorist act for which the person was arrested, or > > > > > (b) in connection with any other terrorist act that occurred within the last 28 days or that there are reasonable grounds to suspect could occur at some time in the next 14 days. > > > (3) If there are reasonable grounds for suspecting that the terrorism suspect has committed a particular offence, the terrorism suspect may also be questioned while detained under this Part for the purpose of investigating whether the person committed the offence. The terrorism suspect may be so questioned only if there are reasonable grounds for suspecting that the offence may be related to the terrorist act or if postponing the investigation until after the end of investigative detention under this Part may jeopardise the investigation or prosecution of the offence. > > > (4) A terrorism suspect may be questioned during investigative detention under this Part only if the person is given the opportunity to rest for a continuous period of at least 8 hours in any period of 24 hours of detention and to have reasonable breaks during any period of questioning. This subsection does not prevent questioning that a senior police officer determines is necessary and reasonable because of the exceptional circumstances of the case. > > > > Note. > > > > Part 3.11 of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) sets out circumstances in which information obtained from the questioning of a detained suspect may be excluded by a court in subsequent criminal proceedings instituted against the suspect. > > > (5) This section does not prevent questioning of a person for the purposes of— > > > > > (a) ensuring the safety and well-being of the person, or > > > > > (b) allowing a police officer to comply with a requirement imposed by law on the police officer in relation to the detention of the person. > > **ss 25E–25G:** Ins 2016 No 17, Sch 1 \[5\].