Post-Arrest Procedures
Police MUST:-
* Release arrested person at earliest reasonable opportunity if: - no longer reasonably suspected of committing the offence UNLESS (s 376 Police Powers and Responsibilities Act (2000)) reasonable suspicion of another offence; or may be detained for another reason/in custody for another offence. - reason for arrest no longer exists and it would be more appropriate to proceed in another manner (s 377). * Bring person before the court as soon as reasonably practicable (s 393) UNLESS person being detained for investigative purposes. See: Williams v R (1986) 161 CLR 278. |
Police MAY:-
* Search anyone in lawful custody and seize items. * Detain for a reasonable time if questioning about an indictable offence (s 403). Reasonable time is determined considering factors in s 404. But must not be detained without charge for more than 8 hours (s 403(2)) unless extended by a JP/Magistrate (s 405-406). * Take identifying particulars if in custody for an ID particulars offence (defined in Schedule 6) s 467. If offence not proceeded with/person found not guilty these particulars should be destroyed (s 474) but note exceptions. * Take DNA samples (s 481) with approval of senior officer, but note exceptions. |