FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 17 Procedural requirements for person directed to a police station, or person apprehended and detained
FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 17
Procedural requirements for person directed to a police station, or person apprehended and detained(1) This section applies if—
(a) a person is directed under section 14 to remain at, or go to and remain at, a police station; or
(b) a directed person is apprehended and detained under section 15.
(2) A police officer must—
(a) inform the person that the person—
S. 17(2)(a)(i) amended by No. 53/2016 s. 84.
(i) may communicate or attempt to communicate with a friend or relative (other than the affected family member or protected person) to inform the friend or relative of the person's whereabouts; and
(ii) may communicate or attempt to communicate with a legal practitioner; and
(b) give the person a notice containing the prescribed information about the person's rights and responsibilities under this Division.
(3) A police officer must comply with subsection (2)—
(a) for a person referred to in subsection (1)(a)—as soon as practicable after—
(i) the direction is given, if the person is at a police station when the direction is given; or
(ii) the person arrives at the police station, in any other case; and
(b) for a person referred to in subsection (1)(b)—as soon as practicable after the person is apprehended and detained.
(4) If the person wishes to communicate with a friend, relative or legal practitioner, a police officer must—
(a) afford the person reasonable facilities as soon as practicable to enable the person to do so; and
(b) allow the person's legal practitioner or a clerk of the legal practitioner to communicate with the person in circumstances in which, as far as practicable, the communication will not be overheard.
S. 17(5) amended by No. 53/2016 s. 84.
(5) Nothing in subsection (4) permits the person to communicate with the affected family member or protected person.
(6) If the person does not have sufficient knowledge of the English language to enable the person to understand why the person is subject to a direction or detention, a police officer must arrange for the person to have access to a competent interpreter.
S. 17(7) amended by Nos 53/2016 s. 84, 5/2018 s. 40.
(7) Despite subsection (2) or (4), a police officer is not required to inform a person that the person may communicate or attempt to communicate with a friend or relative, or to afford a person facilities to enable the person to do so, if the officer believes on reasonable grounds that the communication would be likely to jeopardise the safety of the affected family member or protected person or any property of the affected family member or of the protected person.
S. 17(7A) inserted by No. 65/2011 s. 93, amended by No. 48/2018 s. 58(1).
(7A) If the person is subject to a residence restriction or exclusion condition, a place or area exclusion condition or a curfew condition attached to a community correction order under the Sentencing Act 1991 a police officer must notify the Secretary as soon as practicable that the person has been directed or apprehended and detained under this Act.
S. 17(7B) inserted by No. 65/2011 s. 93, substituted by No. 48/2018 s. 58(2).
(7B) In subsection (7A), curfew condition, place or area exclusion condition and residence restriction or exclusion condition have the same meaning as in the Sentencing Act 1991 .
S. 17(8) inserted by No. 30/2010 s. 81, repealed by No. 48/2011 s. 27(1).
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