133ASecretary may allow police to visit detainee in connection with police investigation

133A Secretary may allow police to visit detainee in connection with police investigation

[Section 133A Inserted by No. 49 of 2007, s. 9, Applied:13 Dec 2007]

(1)  The Secretary may allow a police officer to visit a detainee in a detention centre if satisfied that –

(a) it is for the purposes of a police investigation; and

(b) the detainee has no objection.

(2)  The visit is to be on such conditions as to time, duration, termination, supervision, setting, secrecy or otherwise as the Secretary determines and it is the duty of the police officer and detention centre manager to comply with those conditions.

(3)  The Secretary, by any available means, may vary the conditions at any time.

(4)  The detainee has the following rights in respect of the visit:

(a) to confer, on request, with a legal representative before it takes place, either in person or by telephone or video link;

(b) to have, on request, a legal representative, a parent or other relative, a guardian or an independent person present;

(c) to refuse to answer any question that may be put to the detainee;

(d) to end the visit at any time.

(5)  The visitation of a detainee in a detention centre under and in accordance with this section is lawful notwithstanding the terms of any detention order or the operation of any other law.