PART II Police Functions

Detention and questioning

C315F1Right of persons arrested or detained to have intimation sent to another person

C1C41

Without prejudice to F2sections 15A and 17 of this Act, a person who, not being a person in respect of whose custody or detention subsection (4) below applies—

a

has been arrested and is in custody in a police station or other premises, shall be entitled to have intimation of his custody and of the place where he is being held sent to a person reasonably named by him;

b

is being detained under section 14 of this Act and has been taken to a police station or other premises or place, shall be entitled to have intimation of his detention and of the police station or other premises or place sent to a F3. . . person reasonably named by him,

without delay or, where some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, with no more delay than is so necessary.

C1C42

A person shall be informed of his entitlement under subsection (1) above—

a

on arrival at the police station or other premises; or

b

where he is not arrested, or as the case may be detained, until after such arrival, on such arrest or detention.

C13

Where the person mentioned in paragraph (a) of subsection (1) above requests such intimation to be sent as is specified in that paragraph there shall be recorded the time when such request is—

a

made;

b

complied with.

C2C5C64

Without prejudice to the said F4sections 15A and 17, a constable shall, where a person who has been arrested and is in such custody as is mentioned in paragraph (a) of subsection (1) above or who is being detained as is mentioned in paragraph (b) of that subsection appears to him to be a child, send without delay such intimation as is mentioned in the said paragraph (a), or as the case may be paragraph (b), to that person’s parent if known; and the parent—

a

in a case where there is reasonable cause to suspect that he has been involved in the alleged offence in resect of which the person has been arrested or detained, may; and

b

in any other case shall,

be permitted access to the person.

C55

The nature and extent of any access permitted under subsection (4) above shall be subject to any restriction essential for the furtherance of the investigation or the well-being of the person.

C56

In subsection (4) above —

a

child” means a person under 16 years of age; and

b

parent” includes guardian and any person who has the F5care of a child.