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Contents (2002 - 103)
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Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 6 December 2019 to date (accessed 29 January 2020 at 20:04)
Part 9 Division 3 Section 125
125   Circumstances in which certain requirements need not be complied with
(cf Crimes Act 1900, s 356P)
(1)  A requirement imposed on a custody manager under section 123 relating to a friend, relative, guardian or independent person need not be complied with if the custody manager believes on reasonable grounds that doing so is likely to result in—
(a)  an accomplice of the detained person or protected suspect avoiding arrest, or
(b)  the concealment, fabrication, destruction or loss of evidence or the intimidation of a witness, or
(c)  hindering the recovery of any person or property concerned in the offence under investigation, or
(d)  bodily injury being caused to any other person.
(2)  Further, in the case of a requirement that relates to the deferral of an investigative procedure, a requirement imposed on a custody manager under section 123 relating to a friend, relative, guardian or independent person need not be complied with if the custody manager believes on reasonable grounds that the investigation is so urgent, having regard to the safety of other persons, that the investigative procedure should not be deferred.