Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT 1978 - SECT 138

Determining reasonable period to hold person in custody

In determining what is a reasonable period for the purposes of section 137(2), but without limiting the discretion of the court, the court considering the question must, so far as it is relevant, take into account:

        (a)     the time taken for investigators with knowledge of or responsibility for the matter to attend to interview the person;

        (b)     the number and complexity of matters to be investigated;

        (c)     the time taken to interview available witnesses;

        (d)     the need of investigators to assess relevant material in preparation for interviewing the person;

        (e)     the need to transport the person from the place of detention to a place where appropriate facilities were available to conduct an interview or other investigation;

        (f)     the number of people who need to be questioned during the period of detention in respect of any offence reasonably believed to have been committed by the person;

        (g)     the need to visit the place where any offence under investigation is believed to have been committed or any other place reasonably connected with the investigation of any such offence;

        (h)     the time taken to communicate with a legal adviser, friend or relative of the detained person;

        (j)     the time taken by a legal adviser, friend or relative of the person or an interpreter to arrive at the place where the questioning or the investigation took place;

        (k)     the time taken in awaiting the completion of forensic investigations or procedures;

        (m)     the time during which the investigation or questioning of the person was suspended or delayed to allow the person to receive medical attention;

        (n)     the time taken by any examination of the person in pursuance of section 145;

        (p)     the time the person in custody has been in the company of police prior to and after the commencement of custody;

        (q)     the time during which the investigation or questioning of the person was suspended or delayed:

            (i)     to allow the person to rest; or

            (ii)     because of the intoxication of the person;

        (r)     the time taken to arrange and conduct an identification parade;

        (s)     the time taken for an operating electronic recording facility to become available to record the interviewing of the person; and

        (t)     any interruptions to the electronic recording of the interviewing of the person because of technical reasons (such as a breakdown in equipment or a power failure) beyond the control of the interviewing member.



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