Section 23XR — Crimes Act 1914: Presence of interview friend or legal representative—Aboriginal persons and Torres Strait Islanders

(1) This section applies if the investigating constable believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander not covered by section 23XQ. (2) Either an interview friend or a legal representative (if he or she is not the interview friend) of the suspect must be present while the forensic procedure is carried out. Both an interview friend and a legal representative may be present. (3) Subsection (2) does not apply if: (a) the investigating constable believes on reasonable grounds that, having regard to the suspect’s level of education and understanding, the suspect is not at a disadvantage in respect of the carrying out of the forensic procedure by comparison with members of the Australian community generally; or (b) the suspect expressly and voluntarily waives his or her right to have an interview friend present. Note: Section 23YK relates to proving a waiver under subsection (3). (4) An interview friend (other than a legal representative) of the suspect may be excluded from the place where the forensic procedure is being carried out if the interview friend unreasonably interferes with or obstructs the carrying out of the procedure.