Law Enforcement (Powers and Responsibilities) Act 2002

In determining what is a reasonable time for the purposes of section 115(1), all the relevant circumstances of the particular case must be taken into account.

Without limiting the relevant circumstances that must be taken into account, the following circumstances (if relevant) are to be taken into account—

the person’s age, physical capacity and condition and mental capacity and condition,

whether the presence of the person is necessary for the investigation,

the number, seriousness and complexity of the offences under investigation,

whether the person has indicated a willingness to make a statement or to answer any questions,

the time taken for police officers connected with the investigation (other than police officers whose particular knowledge of the investigation, or whose particular skills, are necessary to the investigation) to attend at the place where the person is being detained,

whether a police officer reasonably requires time to prepare for any questioning of the person,

the time required for facilities for conducting investigative procedures in which the person is to participate (other than facilities for complying with section 281 of the Criminal Procedure Act 1986) to become available,

the number and availability of other persons who need to be questioned or from whom statements need to be obtained,

the need to visit the place where any offence concerned is believed to have been committed or any other place reasonably connected with the investigation of any such offence,

the time during which the person is in the company of a police officer before and after the person is arrested (including any period during which the person was a protected suspect),

the time taken to complete any searches or other investigative procedures that are reasonably necessary to the investigation (including any search of the person or any other investigative procedure in which the person is to participate),

the time required to carry out any other activity that is reasonably necessary for the proper conduct of the investigation.

In any criminal proceedings in which the reasonableness of any period of time that a person was detained under this Part is at issue, the burden lies on the prosecution to prove on the balance of probabilities that the period of time was reasonable.