Part 2 s 29
29
Crimes of Torture Act 1989
Version as at
1 July 2023
National Preventive Mechanism’s access to places of detention and persons
detained
For the purposes of this Act, every person must permit a National Preventive
Mechanism to have unrestricted access to—
(a)
any place of detention for which it is designated, and to every part of
that place:
(b)
any person in a place of detention for which it is designated.
Section 29: added, on 5 December 2006, by section 7 of the Crimes of Torture Amendment Act 2006
(2006 No 68).
30
National Preventive Mechanism may conduct interviews
(1)
For the purposes of this Act, every person must permit a National Preventive
Mechanism to interview, without witnesses, either personally or through an
interpreter,—
(2)
(a)
any person in a place of detention for which it is designated:
(b)
any other person who the National Preventive Mechanism believes may
be able to provide relevant information.
No person or agency who has provided information in good faith to a National
Preventive Mechanism may, in respect of the provision of that information, be
subject to any—
(a)
criminal liability:
(b)
civil liability:
(c)
disciplinary process:
(d)
change in detention conditions:
(e)
other disadvantage or prejudice of any kind.
(3)
Subsection (2) applies regardless of whether the information provided to the
National Preventive Mechanism was true.
(4)
If requested by the National Preventive Mechanism, the person in charge
of a place of detention must provide a safe and secure environment for the
National Preventive Mechanism to conduct an interview with any detainee who
is considered likely to behave in a manner that is—
(a)
offensive, threatening, abusive, or intimidating to any person; or
(b)
threatening or disruptive to the security and order of the place of deten‐
tion.
Section 30: added, on 5 December 2006, by section 7 of the Crimes of Torture Amendment Act 2006
(2006 No 68).
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