South Australian Current Regulations

POLICE REGULATIONS 2014 - REG 97

97—Person apprehended by police security officer without warrant—how dealt with

        (1)         Pursuant to section 63D(2) of the Act, a person who is apprehended without warrant by a police security officer to whom this Part applies must, as soon as reasonably practicable, be delivered into the custody of a police officer.

        (2)         Pursuant to section 63D(2) of the Act, if a police officer decides not to accept custody of a person apprehended by a police security officer, the police security officer must ensure that the person is, if the person so requires—

            (a)         returned to the place of apprehension; or

            (b)         delivered to another place that may be reasonably nominated by the person.

        (3)         To avoid doubt, nothing in this Division limits any other power or discretion that a police officer into whose custody a person is delivered under subregulation (1) has in relation to the person.

Example—

A police officer may, for example, give the person a formal caution, release the person without charge or decide to report the person for the relevant offence.

        (4)         Pursuant to section 63D(2) of the Act, section 78 of the Summary Offences Act 1953 will be taken not to apply to, or in relation to, the apprehension of a person by a police security officer to whom this Part applies during the period between apprehension and delivery into the custody of a police officer under subregulation (1) (however, section 78 will apply to, or in relation to, the person from the time the person is delivered into such custody).

        (5)         Pursuant to section 63D(2) of the Act, the requirements under section 79A of the Summary Offences Act 1953 relating to the rights of a person apprehended by a police officer are modified as follows in relation to the apprehension of a person by a police security officer to whom this Part applies:

            (a)         the rights conferred on an apprehended person under that section will be taken not to apply until the person is delivered into the custody of a police officer; and

            (b)         for the purposes of that section, the apprehended person will, once delivered into the custody of a police officer, be taken to have been apprehended by the police officer.