Detention after arrest Questions:

Question 1

Question 1: You arrest a person and take that person to a police station where the Custody
Manager enters the person into custody. Explain your knowledge of where you get the
power to detain the person after arrest and how long you can detain the person

Answer 1

• Under section 114 of LEPRA, Police officers may detain a person who is under arrest, for the
  investigation period of up to 6 hours
• Accused must be:
• Released within this period, or
• Brought before court within that period or as reasonably practicable after that period
• If Accused arrested more than once in a 48 hour period, investigation time is reduced by
  previous investigation time
• If Police need longer than 6 hours - need to apply for a detention warrant

Question 2

Question 2: You are assisting the custody manager for a shift, what are some examples of
when a prisoner would be placed in a ‘time out’?

Where does the section of “Time out” come from?

Answer 2

• Waiting for specialist police
• Alcohol/drugs
• Convey
• Interpreter
• Facilities
• ID parade being arranged and conducted
• Communicate with family, friend, independent person
• Forensic procedure
• Application for detention warrant, search warrant or CS warrant
• Rest, refreshments, toilet
• Medical attention
• Breath analysis
• Charge process

Section 117: Time out periods in investigation period

Question 3

Question 3: What are the implications for an investigator of Detention After Arrest
legislation contained in Part 9 of LEPRA?

Answer 3

• Under section 114 of LEPRA, Police officers may detain a person who is under arrest, for the
  investigation period of up to 6 hours
• Accused must be:
• Released within this period, or
• Brought before court within that period or as reasonably practicable after that period
• If Accused arrested more than once in a 48 hour period, investigation time is reduced by
  previous investigation time
• If Police need longer than 6 hours - need to apply for a detention warrant

Determining ‘reasonable time’:
- Age, physical capacity, mental capacity
- Whether their presence is necessary
- Number, seriousness, complexity of offence
- Willingness to co-operate with police
- Time taken for police officers connected to the offence to attend
- Time for facilities to become available
- Time in company of police before and after arrested

Question 4

Under what section does the investigation come from?

Answer 4

Section 115: Investigation Period
- Begins when arrested, ends when reasonable having regard to all circumstances
- Maximum: 6 hours - may be extended by detention warrant
- Warrant required for additional (up to) 6 hours - can only be done once (s118 LEPRA)