Western Australian Current Acts

CRIMINAL INVESTIGATION ACT 2006 - SECT 28

28 .         Persons accompanying officers to be informed of rights

        (1)         An officer who requests a person who is not in lawful custody to accompany the officer or another officer for the purposes of assisting in the investigation of an offence must inform the person and be satisfied that the person understands —

            (a)         that he or she is not under arrest; and

            (b)         that he or she does not have to accompany the officer concerned; and

            (c)         that if he or she accompanies the officer concerned, he or she is free to leave at any time unless he or she is then under arrest.

        (2)         Subsection (1) does not apply to or in respect of a person to whom a requirement has been made by a police officer under —

            (a)         the Road Traffic Act 1974 section 66, 66B, 66D or 66E; or

            (b)         the Western Australian Marine Act 1982 section 75G.

        [Section 28 amended: No. 8 of 2012 s. 78; No. 27 of 2020 s. 43; No. 31 of 2023 s. 31(2).]