Document ID: chunk:federal_register_of_legislation:F2008C00189:body:0:p16
Version: federal_register_of_legislation:F2008C00189
Segment Type: other
Provision Reference: 
Character Range: 35616–38260

of the leader and the leader must provide the Magistrate with the information to the best of his or her knowledge.

 (2) A Magistrate may give directions to a leader orally or in writing about  the conditions under which a person in the custody of the leader is to be detained and the person must be detained in accordance with the directions.

 (3) If information is requested by a Magistrate orally from a leader, the Magistrate must write down, or otherwise record, the request as soon as practicable after the request is made.

 (4) If information is given by a leader to a Magistrate orally, the Magistrate must write down, or otherwise record, the information as soon as practicable after it is received.

 (5) If a direction is given to a leader orally, the Magistrate must write down the direction and give the direction, or a copy of the direction, to the leader as soon as practicable after the direction is given.

 (6) A Magistrate must file the request, information or direction, or a copy of the request, information or direction, in the Magistrates Court.

26 Facilities to be made available to persons in custody

 (1) As soon as practicable after the arrest and charging of a person, a special constable must tell the person of the requirement referred to in subsection (2).

 (2) As far as practicable, a leader must make facilities available to a person in the custody of the leader that will enable the person to communicate, or attempt to communicate, with his or her legal representative or another person.

 (3) If the person in custody wishes to communicate orally with a legal practitioner, the leader must allow the legal practitioner to communicate with the person in circumstances in which, as far as practicable, the communication will not be overheard.

 (4) A leader is not required to comply with subsection (1), (2) or (3) if he or she reasonably believes that compliance with that requirement might result in:
 (a) action by an accomplice of the person in custody to avoid arrest; or
 (b) concealment, fabrication or destruction of evidence in proceedings in respect of an offence; or
 (c) harassment or intimidation of, or interference with, a person who may be required to give evidence in proceedings in respect of an offence.

 (5) If a person in custody is unable to understand what is told to him or her under subsection (1) because of:
 (a) inadequate knowledge of the English language; or
 (b) mental dysfunction; or
 (c) physical disability or disease;
a leader must take all reasonable steps to ensure that the person is given an explanation of the requirement under subsection (2) that he or she is