25MDContacting lawyer

25MD Contacting lawyer

25MD Contacting lawyer

(1) A terrorism suspect who is under investigative detention is entitled to contact a lawyer but solely for the purpose of—

(a) obtaining advice from the lawyer about the terrorism suspect’s legal rights in relation to—

(i) the investigative detention, or

(ii) the treatment of the terrorism suspect in connection with the investigative detention, or

(b) arranging for the lawyer to act for the terrorism suspect, and instructing the lawyer, in relation to proceedings in the Supreme Court relating to the issue of a detention warrant in relation to the terrorism suspect, or

(c) arranging for the lawyer to act for the person, and instructing the lawyer, in relation to any other proceedings in a court for a remedy relating to—

(i) the investigative detention, or

(ii) the treatment of the terrorism suspect in connection with the investigative detention, or

(d) arranging for the lawyer to act for the terrorism suspect, and instructing the lawyer, in relation to a complaint to the Law Enforcement Conduct Commission in accordance with the Law Enforcement Conduct Commission Act 2016, or

(e) arranging for the lawyer to act for the terrorism suspect in relation to an appearance, or hearing, before a court that is to take place while the terrorism suspect is under investigative detention.

(2) The form of contact the terrorism suspect is entitled to have with a lawyer under subsection (1) includes—

(a) being visited by the lawyer, and

(b) communicating with the lawyer by telephone.

(3) The police officer who is detaining the terrorism suspect must give the terrorism suspect reasonable assistance to choose another lawyer for the terrorism suspect to contact under subsection (1) if—

(a) the terrorism suspect asks to be allowed to contact a particular lawyer under subsection (1), and

(b) either—

(i) the terrorism suspect is not entitled to contact that lawyer because of a prohibited contact direction, or