Week 7: Custody

Question 1

Define: Protected Suspect

Answer 1

“protected suspect” means a person who is in the company of a police officer for the purpose of participating in an investigative procedure in connection with an offence if:

(a) the person has been informed that he or she is entitled to leave at will, and
(b) the police officer believes that there is sufficient evidence that the person has committed the offence.

Question 2

Vulnerable People: PANIC

Answer 2

Physically impaired
ATSI
Non-english speaking
Intellectually impaired
Child under 18

Question 3

Section 29 (LEPRA) Custody:

Answer 3

Custody Manager to Assist Vulnerable person in contacting legal services, support person etc.

Question 4

Section 115 LEPRA Custody:

Answer 4

Investigation period for maximum 6 hours.

Question 5

Section 116 LEPRA Custody:

Answer 5

Determining reasonable time based on the person’s:

Age, physical condition, mental capacity, seriousness of the offence

Question 6

Section 117 LEPRA Custody Timeouts:

Answer 6

• Travel from place of arrest to place of investigation
• Waiting for arrival where the person is detained
• Waiting for facilities
• Spent waiting for facilities (ERISP etc.)
• Allow person to communicate with family, legal practitioner
• Medical attention
• interpreter
• ID Parade
• refreshments and toilet break
• recover from alcohol or drugs
• charging procedures, application for warrants
• forensic procedures

Question 7

Section 118 LEPRA Custody:

Answer 7

Police to apply for a warrant to extend investigation time