Victorian Consolidated Legislation

Crimes Act 1958 - SECT 464C

Right to communicate with friend, relative and legal practitioner

464C. Right to communicate with friend, relative and legal practitioner



(1) Before any questioning or investigation under section 464A(2) commences,
an investigating official must inform the person in custody that he or she-

   (a)  may communicate with or attempt to communicate with a friend or
        relative to inform that person of his or her whereabouts; and

   (b)  may communicate with or attempt to communicate with a legal
        practitioner-

and, unless the investigating official believes on reasonable grounds that-

   (c)  the communication would result in the escape of an accomplice or the
        fabrication or destruction of evidence; or

   (d)  the questioning or investigation is so urgent, having regard to the
        safety of other people, that it should not be delayed-

the investigating official must defer the questioning and investigation for a
time that is reasonable in the circumstances to enable the person to make, or
attempt to make, the communication.

(2) Subject to subsection (1), if a person wishes to communicate with a
friend, relative or legal practitioner, the investigating official in whose
custody the person then is-

   (a)  must afford the person reasonable facilities as soon as practicable to
        enable the person to do so; and

   (b)  must allow the person's legal practitioner or a clerk of the legal
        practitioner to communicate with the person in custody in
        circumstances in which as far as practicable the communication will
        not be overheard.

(3) This section also applies to any questioning or investigation in
accordance with an order made under section 464B(5).

(4) This section does not apply to questioning or investigation in connection
with an offence under section 49(1) of the Road Safety Act 1986.