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STATUTES AMENDMENT (ARREST PROCEDURES AND BAIL) ACT 2013 (NO 60 OF 2013) - SECT 16

16—Amendment of section 78—Person apprehended without warrant—how dealt with

        (1)         Section 78—delete subsections (1) and (2) and substitute:

        (1)         Subject to this section, a person who is apprehended without warrant must, as soon as reasonably practicable, be delivered into the custody of—

            (a)         the police officer in charge of the nearest custodial police station; or

            (b)         a police officer at a designated police facility.

        (2)         If a person is apprehended without warrant on suspicion of having committed a serious offence, a police officer may, for the purposes of investigating the suspected offence, before dealing with the person in accordance with subsection (1)—

            (a)         detain the person for whichever is the lesser of—

                  (i)         the period necessary to complete the immediate investigation of the suspected offence; or

                  (ii)         4 hours or such longer period (not exceeding 8 hours) as may be authorised by a magistrate; and

            (b)         take the person, or cause him or her to be taken, during the course of detention under paragraph (a), to places connected with the suspected offence.

        (2a)         In determining the period that has elapsed since the apprehension of a person for the purposes of subsection (2)(a), the following will not be taken into account:

            (a)         any delay occasioned by arranging for a solicitor or other person to be present during the investigation;

            (b)         any delay occasioned by allowing the person to receive medical attention;

            (c)         the time that would have been reasonably required to convey the person from the place of apprehension to—

                  (i)         the nearest custodial police station; or

                  (ii)         the designated police facility,

(assuming that the person had been taken as soon as reasonably practicable to the custodial police station or designated police facility).

        (2)         Section 78(3)—delete "Where a person has been delivered into custody at a police station in pursuance of this section" and substitute:

If a person has been detained in custody under subsection (1)

        (3)         Section 78—after subsection (3) insert:

        (3a)         A person who has been apprehended without warrant and detained in custody at a designated police facility must, as soon as reasonably practicable, be delivered into the custody of the police officer in charge of the nearest custodial police station if any of the following occurs:

            (a)         the person declines to make an application for release on bail;

            (b)         a decision is made to refuse an application for bail made by the person;

            (c)         2 hours, or such longer period (not exceeding 4 hours) as may be authorised by a magistrate, has elapsed since the person has been detained in custody at the police facility and the person has not been released (whether on bail or otherwise).

        (3b)         In determining the period that has elapsed since detention in custody at a designated police facility for the purposes of subsection (3a)(c), the following will not be taken into account:

            (a)         any delay occasioned by arranging for a solicitor or other person to be present;

            (b)         any delay occasioned by allowing the person to receive medical attention;

            (c)         any period during which the person is temporarily in the custody of a police officer under subsection (3).

        (3c)         A person who is detained in the custody of a police officer at a designated police facility may be transferred into the custody of another police officer at the police facility.

        (4)         Section 78(4)—delete "where" and substitute:

if

        (5)         Section 78(5)—delete "Where" and substitute:

If

        (6)         Section 78(6)—delete subsection (6) and substitute:

        (6)         The Commissioner may, by instrument in writing, approve the use of any of the following as a designated police facility:

            (a)         a specified room, building or structure (whether permanent or temporary);

            (b)         a specified vehicle;

            (c)         a vehicle of a specified class.

        (7)         An approval under subsection (6) of a designated police facility must—

            (a)         specify the use of the designated police facility

                  (i)         for a specified event or purpose; or

                  (ii)         for a specified police operation; or

                  (iii)         for an event or a purpose of a specified class; or

                  (iv)         for a police operation of a specified class; or

                  (v)         for a specified area of the State outside Metropolitan Adelaide (within the meaning of the Development Act 1993 ); and

            (b)         specify conditions for the use of the designated police facility.

        (8)         The Commissioner may, by subsequent instrument in writing, vary or revoke an approval under subsection (6).

        (9)         In proceedings, a certificate apparently signed by the Commissioner certifying as to a matter relating to an instrument under subsection (6) or (8) constitutes proof, in the absence of proof to the contrary, of the matters so certified.

        (10)         In this section—

"custodial police station" means a police station at which cell facilities are available for the continuous care and custody of an apprehended person;

"designated police facility", in relation to a person apprehended without warrant, means—

            (a)         in the case of a person apprehended within an area of the State in respect of which there is an approval in force under subsection (6)—

                  (i)         the place or vehicle used as a designated police facility in accordance with the approval that is nearest the place of apprehension; or

                  (ii)         if the person is apprehended at, or in connection with, an event or police operation in respect of which there is an approval in force under subsection (6)—a place or vehicle used as a designated police facility in accordance with the approval; or

            (b)         in any other case—

                  (i)         the police station nearest the place of apprehension; or

                  (ii)         if the person is apprehended at, or in connection with, an event or police operation in respect of which there is an approval in force under subsection (6)—a place or vehicle used as a designated police facility in accordance with the approval;

"nearest custodial police station", in relation to a person apprehended without warrant, means—

            (a)         in the case of a person apprehended within a radius of 30 kilometres from the General Post Office at Adelaide—

                  (i)         the police station at Adelaide known as the City Watch House; or

                  (ii)         any other custodial police station within that radius;

            (b)         in any other case—the custodial police station nearest the place where the person is apprehended;

"serious offence" means an indictable offence or an offence punishable by imprisonment for 2 years or more.



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