South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 79A

79A—Rights on arrest

        (1)         Subject to this section, where a person is apprehended by a police officer (whether with or without a warrant)—

            (a)         the person is entitled to make, in the presence of a police officer, one telephone call to a nominated relative or friend to inform the relative or friend of his or her whereabouts; and

            (b)         where the person is apprehended on suspicion of having committed an offence—

                  (i)         the person is entitled to have a solicitor, relative or friend (in the case of a minor the relative or friend must be an adult) present during any interrogation or investigation to which the person is subjected while in custody; and

                  (ii)         if English is not the person's native language—the person is entitled, if he or she so requires, to be assisted at an interrogation by an interpreter; and

                  (iii)         the person is, while in custody, entitled to refrain from answering any question (unless required to answer the question under this or any other Act or law).

        (1a)         Where a minor has been apprehended on suspicion of having committed an offence and—

            (a)         the minor does not nominate a solicitor, relative or friend to be present during an interrogation or investigation relating to the suspected offence; or

            (b)         the solicitor, relative or friend nominated by the minor is unavailable or unwilling to attend the interrogation or investigation,

then, subject to subsection (1b), the minor must not be subjected to an interrogation or investigation until the police officer in charge of the investigation of the suspected offence has secured the presence of—

            (c)         a person, or a person of a class, nominated by the Chief Executive within the meaning of the Youth Justice Administration Act 2016 to represent the interests of children subject to criminal investigation; or

            (d)         where no such person is available, some other person (not being a minor, a police officer or an employee of the Police Department) who, in the opinion of the police officer, is a suitable person to represent the interests of the minor.

        (1b)         An interrogation or investigation may proceed despite subsection (1a) if—

            (a)         the suspected offence is not an offence punishable by imprisonment for two years or more; and

            (b)         it is not reasonably practicable to secure the presence of a suitable representative of the child's interests as contemplated by that subsection.

        (2)         The police officer who is in charge of the investigation of a suspected offence in relation to which a person has been apprehended may decline to permit—

            (a)         the person in custody to make a telephone call to a particular person (being a relative or friend); or

            (b)         a particular person (being a relative or friend of the person who has been taken into custody) to be present at an interrogation or investigation,

if the officer has reasonable cause to suspect that communication between the person in custody and that particular person would result in an accomplice taking steps to avoid apprehension or would prompt the destruction or fabrication of evidence.

        (3)         A police officer must, as soon as is reasonably practicable after the apprehension of a person—

            (a)         inform that person of his or her rights under subsection (1); and

            (b)         warn the person that anything that he or she may say may be taken down and used in evidence.



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