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CRIMES ACT 1914 SECT 23K
23K Persons under 18
- (1)
- Subject to section 23L,
if an investigating official:
- (a)
- suspects that a person may have committed a
Commonwealth offence, or is of the opinion that
information received by investigating officials may
implicate a person in the commission of a Commonwealth
offence, and also believes on reasonable grounds that
the person is under 18; or
- (b)
- believes on reasonable grounds that a person under
arrest for a Commonwealth offence is under 18;
the official must not question the person unless an
interview friend is present while the person is being
questioned and, before the start of the questioning, the
official has allowed the person to communicate with the
interview friend in circumstances in which, as far as
practicable, the communication will not be overheard.
- (2)
- An interview friend may be excluded from the questioning
if he or she unreasonably interferes with it.
- (3)
- In this section:
interview friend , in relation to a person to whom
subsection (1) applies, means:
- (a)
- a parent or guardian of the person or a legal
practitioner acting for the person; or
- (b)
- if none of the previously mentioned persons is
available—a relative or friend of the person who is
acceptable to the person; or
- (c)
- if the person is an Aboriginal person or a Torres
Strait Islander and none of the previously mentioned
persons is available—a person whose name is included
in the relevant list maintained under subsection
23J(1); or
- (d)
- if no person covered by paragraph (a), (b) or
(c) is available—an independent person.
- (4)
- The rights conferred by this section are in addition to
those conferred by section 23G
but, so far as compliance with this section results in
compliance with section 23G,
the requirements of section 23G
are satisfied.
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