When arrest may be discontinued—general rule
376 When arrest may be discontinued—general rule
It is the duty of a police officer to release an arrested person at the earliest reasonable opportunity if the person is no longer reasonably suspected of committing the offence for which the person was arrested.
Subsection (1) does not apply if the person—
is reasonably suspected of another offence, whether or not arising out of the circumstances of the offence for which the person was arrested; or
may be detained for another reason, for example because of a breach of a bail condition; or
is in custody for another offence.
Also, it is the duty of a police officer to release an arrested person who is reasonably suspected of committing the offence for which the person was arrested if, within a reasonable time after the arrest, the police officer considers there is not enough evidence to bring the person before a court on a charge of the offence.
This Act’s bill:Explanatory memorandum
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