CRIMINAL PROCEDURE AND EVIDENCE ACT [Subsection repealed by s. 282 of Act No. 23 of 2004] (9) In any proceedings against a member of an association of persons in respect of an offence, any record which was made or kept by any member, employee or agent of the association, including the accused, within the scope of his activities as such member, employee or agent, or any document which was at any time in the custody or under the control of any such member, employee or agent within the scope of his activities as such member, employee or agent, shall be admissible in evidence against the accused. [Subsection as amended by s. 282 of Act No. 23 of 2004] (10) For the purposes of subsection (9), any record made or kept by a member, employee or agent of an association or any document which was at any time in his custody or control shall be presumed to have been made or kept by him, or to have been in his custody or control, within the scope of his activities as such member, employee or agent, unless the contrary is proved. (11) This section shall be additional to, and not in substitution for, any other enactment which provides for criminal proceedings against corporate bodies or their directors or employees or against associations of persons or their members. 385A Rights of arrested or detained persons and interested parties (1) In this section— “interested party”, in relation to a detained person, includes— (a) a relative, friend or employer of the detained person; and (b) any person with a legitimate interest in the detained person’s welfare; and (c) a legal practitioner representing the detained person or engaged by a person referred to in paragraph (a) or (b) to represent the detained person; “responsible person” means the member of a State agency primarily responsible for a detained person’s detention or custody; “State agency” includes the Police Service, the Prison Service, every branch of the Defence Forces, and any other organisation consisting wholly or mainly of persons employed by the State. (2) A person who has been arrested or is detained, whether under this Act or any other enactment, shall be permitted without delay— (a) to exercise his or her right to contact, at the state’s expense, any one of the persons specified in section 41A(d): Provided that if the arrested or detained person does not succeed, without any fault on his or her part, in contacting a person of his or her first choice, the arrested or detained person shall be allowed to contact any other person specified in section 41A(d) until he or she succeeds in contacting him or her; and (b) to obtain and instruct, at his or her own expense, a legal practitioner of his or her own choice, and to communicate privately with that legal practitioner: Provided that, where an arrested person must be produced before a court within forty-eight hours after his or her arrest in accordance with section 32, it shall be lawful for the police to take the arrested person to court in the absence of his or her legal practitioner if— (i) the arrested person, without any fault on the part of the police, fails to contact, obtain or instruct a legal practitioner of his or her own choice; or (ii) where the arrested person succeeds in contacting, obtaining or instructing a legal practitioner of his or her own choice, that legal practitioner, without any fault on the part of the police, fails to represent the arrested person within that period or at the court where he or she must appear. (3) The responsible person shall inform any interested party, promptly on request, of the detained person’s whereabouts and of the reasons for the detained person’s detention or custody 147