Crimes Act 1914

If a person is arrested for a Commonwealth offence (other than a terrorism offence), the following provisions apply.

A person would not be arrested for a Commonwealth offence if, for example, the person has been released under subsection 3W(2)—see the definition of arrested in subsection 23B(1).

The person may, while arrested for the Commonwealth offence, be detained for the purpose of investigating either or both of the following:

whether the person committed the offence;

whether the person committed another Commonwealth offence that an investigating official reasonably suspects that the person has committed.

Subsection (2) ceases to apply at the end of the investigation period, but that cessation does not affect any other power to detain the person.

If the person is not released within the investigation period, the person must be brought before a bail authority within the investigation period or, if it is not practicable to do so within the investigation period, as soon as practicable after the end of the investigation period.

For the purposes of this section, but subject to subsections (6) and (7), the investigation period begins when the person is arrested, and ends at a time thereafter that is reasonable, having regard to all the circumstances, but does not extend beyond:

if the person is or appears to be under 18, an Aboriginal person or a Torres Strait Islander—2 hours; or

in any other case—4 hours;

In ascertaining any period of time for the purposes of this section, regard shall be had to the number and complexity of matters being investigated.

If the person has been arrested more than once within any period of 48 hours, the investigation period for each arrest other than the first is reduced by so much of any of the following periods as occurred within that 48 hours:

any earlier investigation period or periods under this section;

any earlier investigation period or periods under section 23DB.

However, in relation to each first arrest, disregard subsection (6) for any later arrest if:

the later arrest is for a Commonwealth offence:

that was committed after the end of the person’s period of detention under this Part for the first arrest; or

that arose in different circumstances to those in which any Commonwealth offence to which the first arrest relates arose, and for which new evidence has been found since the first arrest; and

the person’s questioning associated with the later arrest does not relate to:

a Commonwealth offence to which the first arrest relates; or

the circumstances in which such an offence was committed.

In ascertaining any period of time for the purposes of subsection (4) or (6), disregard any reasonable time during which the questioning of the person is suspended, or delayed, for one or more of the following reasons:

to allow the person to be conveyed from the place at which the person is arrested to the nearest premises at which the investigating official has access to facilities for complying with this Part;

to allow the person, or someone else on the person’s behalf, to communicate with a legal practitioner, friend, relative, parent, guardian, interpreter or other person as provided by this Part;

to allow such a legal practitioner, friend, relative, parent, guardian, interpreter or other person to arrive at the place where the questioning is to take place;

to allow the person to receive medical attention;

because of the person’s intoxication;

to allow for an identification parade to be arranged and conducted;

to allow the making of an application under section 3ZQB or the carrying out of a prescribed procedure within the meaning of Division 4A of Part IAA;

to allow the making and disposing of an application under section 23D, 23WU or 23XB;

to allow a constable to inform the person of matters specified in section 23WJ;

to allow the person to rest or recuperate;

to allow a forensic procedure to be carried out on the person by order of a magistrate under Division 5 of Part ID;

because section 23XGD applies and the time is to be disregarded in working out a period of time for the purposes of that section.

To avoid doubt, subsection (7) does not prevent the person being questioned during a time covered by a paragraph of subsection (7), but if the person is questioned during such a time, the time is not to be disregarded.

In any proceedings, the burden lies on the prosecution to prove that:

the person was brought before a bail authority as soon as practicable; or

any particular time was covered by a provision of subsection (7).