(1) It is the duty of an immigration officer when detaining any person under section 312—
(a) to inform the person at the time of the detention of the reason for the detention (unless in all the circumstances it is impracticable to do so); and
(b) to produce the officer’s warrant; and
(c) to inform the person that he or she may contact a lawyer or, if appropriate, a responsible adult; and
(d) to inform the person of the maximum duration of the detention.
(2) It is the duty of every constable when arresting and detaining any person without warrant under section 313—
(a) to inform the person at the time of the arrest, unless in all the circumstances it is impracticable to do so, of the reason for the arrest, and that the arrest does not relate to a criminal matter; and
(b) in the case of a constable who is not in uniform, to produce his or her badge or other evidence of being a constable; and
(3) An immigration officer or a constable is not guilty of an offence and is not liable to any civil proceedings in respect of the arrest or detention by that officer or constable if he or she has reasonable and probable grounds for believing that the person is liable to arrest and detention under this Part.
(4) A failure to fulfil any of the duties mentioned in subsections (1) and (2) does not of itself deprive the immigration officer or the constable, or any assistant, of protection from criminal responsibility.
Compare: 1987 No 74 s 134