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CORRECTIONS MANAGEMENT ACT 2007 - SECT 31A Detention in police cells—additional provisions for young

CORRECTIONS MANAGEMENT ACT 2007 - SECT 31A

Detention in police cells—additional provisions for young detainees

    (1)     This section applies if a young detainee is detained at a police cell under section 30.

    (2)     The chief police officer must ensure that the young detainee

        (a)     is kept separate from adult detainees; and

        (b)     has prompt access to medical and legal assistance; and

        (c)     is told, in language and a way the detainee can readily understand, about the reason for the detention and the procedures that apply; and

        (d)     is able to contact and be contacted by each of the following:

              (i)     a commissioner exercising functions under the Human Rights Commission Act 2005

;

              (ii)     the inspector of correctional services;

              (iii)     the ombudsman;

              (iv)     the integrity commissioner.

Note     The Crimes Act 1914

(Cwlth), pt 1C contains provisions about investigation of offences (including about periods of arrest and obligations of investigating officials) that apply to offences against ACT laws punishable by imprisonment for longer than 12 months.

In particular, that Act, s 23Q provides that a person who is under arrest or a protected suspect must be treated with humanity and with respect for human dignity, and must not be subjected to cruel, inhuman or degrading treatment.