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Police Powers of Detention After Arrest

NCJ Number
175558
Author(s)
G Griffith
Date Published
1997
Length
45 pages
Annotation
Current and proposed laws regarding police powers of detention after arrest in New South Wales, Australia, were examined.
Abstract
The analysis focused on three proposed features: (1) the criteria for determining the length of the detention period for arrested persons and related issues; (2) the investigative procedures that can be conducted while the person is detained; and (3) the rights and safeguards available under the legislation, including the establishment of the position of custody officer. The analysis revealed that the current law does not permit the police to arrest a person solely for the purpose of questioning, nor does it allow any delay for the purpose of investigating an offense in bringing the person before a justice. However, the scope for uncertainty in this area of law is notorious. The proposed legislation sets an investigation period of a reasonable time, with a maximum of 4 hours; this time can be extended by a further 8 hours in total under a detention warrant. The legislation will apply to all persons, but regulations may modify its use for children and other vulnerable persons. The legislation includes a range of protective rights and safeguards, including the establishment of the position of custody officer. The New South Wales Police Royal Commission has endorsed the proposed reforms. Footnotes and attached list of other publications from the same organization