Persons helping in covert investigations not under arrest
413 Persons helping in covert investigations not under arrest
This section applies to covert investigations conducted by a police officer into whether a person other than a person who is in custody following an arrest has been involved in the commission of an offence or suspected offence.
For this part, if the person in custody following an arrest agrees voluntarily to take part in the covert investigation, the person stops being under arrest for the offence.
The agreement must, if reasonably practicable, be electronically recorded.
However, the person may refuse to consent to the electronic recording of the agreement.
If the agreement is not electronically recorded, a police officer must make a written record of the circumstances of the agreement.
Subsection (2) does not prevent the person from being rearrested for the offence.
This Act’s bill:Explanatory memorandum
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