Arrested suspects, charging and releasing
142 Arrested suspects, charging and releasing
In this section —
arrested suspect has the meaning given to that term by section 139;
officer means a police officer, a public officer, or any person who holds an office with power to arrest people;
serious offence means an indictable offence the statutory penalty for which is or includes imprisonment for 5 years or more or life.
For the purposes of this section, not releasing a suspect unconditionally is justified if the officer who has custody of the suspect reasonably suspects that if the suspect were released unconditionally —
the suspect would —
commit another offence;
continue or repeat the offence for which he or she is under arrest;
endanger another person’s safety or property;
interfere with witnesses or otherwise obstruct the course of justice, whether in relation to the suspect or any other person;
or
the suspect’s safety would be endangered.
If it is decided not to charge an arrested suspect with an offence, then whether or not the suspect —
is cautioned in relation to an offence; or
is issued an infringement notice in relation to an offence,
the officer who has custody of the suspect must release the suspect unconditionally.
If it is decided to charge an arrested suspect with a simple offence, then, subject to subsection (8), the officer who has custody of the suspect must release the suspect unconditionally unless —
the officer reasonably suspects that the presence of the suspect when the charge is first dealt with by a court is likely to be necessary for any reason or for sentencing purposes; or
not releasing the suspect unconditionally is justified under subsection (2),
in which case the officer may detain the suspect in custody subject to subsections (7) and (8).
If it is decided to charge an arrested suspect with an indictable offence that is not a serious offence, then, subject to subsection (8), the officer who has custody of the suspect must release the suspect unconditionally unless —
the officer reasonably suspects that if, under the Criminal Procedure Act 2004, the suspect were served with a summons in relation to the charge and released unconditionally the suspect would not obey the summons; or
not releasing the suspect unconditionally is justified under subsection (2),
in which case the officer may detain the suspect in custody subject to subsections (7) and (8).
If it is decided to charge an arrested suspect with a serious offence, the officer who has custody of the suspect may detain the suspect in custody subject to subsections (7) and (8).
If it is decided to charge an arrested suspect with an offence and the suspect is not released unconditionally, the officer who has custody of the suspect must ensure the suspect is charged as soon as practicable and is dealt with —
under the Bail Act 1982 section 6; or
under the Mental Health Act 2014 section 157.
If it is decided to charge an arrested suspect with an offence, the suspect may be detained in custody before being released unconditionally, or being dealt with under subsection (7), for a reasonable period that is to be determined having regard to these factors —
the time needed to complete any identifying procedure under the Criminal Investigation (Identifying People) Act 2002 Part 7;
the time needed to complete any forensic procedure on the suspect under Part 9;
if it is decided not to release the suspect unconditionally, the time needed to comply with —
the Bail Act 1982 and in particular section 6 of that Act; or
the Mental Health Act 2014 section 157; or
any other written law.
This section does not prevent a police officer from exercising a power in section 27 in relation to an arrested suspect before releasing him or her unconditionally.
[Section 142 amended: No. 25 of 2014 s. 52(2); No. 31 of 2014 s. 5.]
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