Duty of police officer after arrest etc. of person
393 Duty of police officer after arrest etc. of person
If a police officer does any of the following, the police officer must, as soon as reasonably practicable, take the person before a court to be dealt with according to law—
arrests a person, without warrant, for an offence;
arrests a person under a warrant for an offence, whether under this or another Act;
arrests a person under section 367 or 368;
receives into custody a person who is arrested or detained by someone other than a police officer.
Subsection (1) does not apply if the person—
is released under part 4; or
is being detained under chapter 15 for an indictable offence; or
is being detained under the Road Use Management Act, section 80; or
is arrested under a warrant that requires the police officer to take the person before another body or to another place; or
is delivered into the custody of a watch-house manager or the officer in charge of a police establishment; or
is arrested under section 365(2) and is later released under section 376 without having been charged with the offence for which the person was arrested; or
is delivered into the custody of a police officer following a detention under the Transport Operations (Passenger Transport) Act 1994, chapter 11, part 4A, and is released by the police officer without having been charged with an offence.
Example for subsection (2)(d)—A warrant under the Commissions of Inquiry Act 1950 may require that a person be apprehended to enable the person to be brought before a commission of inquiry to give evidence.
Also, subsection (1) does not prevent a police officer—
if the person is a prisoner under the Corrective Services Act 2006—taking the person to a prison or to a watch-house until the person can be conveniently taken to a prison; or
if the person escaped from lawful custody while a prisoner of a court—taking the person to a police station or watch-house until the person can be conveniently returned to the custody of the proper officer of the relevant court.
This Act’s bill:Explanatory memorandum
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