Return of person not charged to place of arrest or other place
36 Return of person not charged to place of arrest or other place
Subsection (2) applies if a person being kept in custody by a police officer of the State in another participating jurisdiction under section 34(2)(a) is released without charge.
A police officer of the State must take reasonable steps to ensure the person is taken, at the person’s election —
back to the place where the person was arrested; or
to a place reasonably nominated by the person.
Subsection (2) does not require the person to be taken to a place if to do so is likely to endanger the person’s or another person’s safety.
[Section 36 amended: No. 1 of 2010 s. 7.]
This Act’s bill:Explanatory memorandumSecond reading speech
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