Police Powers and Responsibilities Act 2000

A police officer may apply for an order extending the detention period before the period ends.

The application must be made to—

a magistrate; or

a justice of the peace (magistrates court); or

if there is no magistrate or justice of the peace (magistrates court) available—another justice of the peace other than a justice of the peace (commissioner for declarations).

However, if the total questioning period since the detention began will, if extended, be more than 12 hours, the application must be made to a magistrate.

When making the application, the police officer must give to the magistrate or justice the information about any time out the police officer reasonably anticipates will be necessary.

The person or the person’s lawyer may make submissions to the magistrate or justice about the application, but not submissions that unduly delay the consideration of the application.

If the application is made before the detention period ends, the detention of the person does not end, unless the magistrate or justice refuses to extend the detention period.