Western Australian Current Acts

CROSS-BORDER JUSTICE ACT 2008 - SECT 36

36 .         Return of person not charged to place of arrest or other place

        (1)         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.

        (2)         A police officer of the State must take reasonable steps to ensure the person is taken, at the person’s election —

            (a)         back to the place where the person was arrested; or

            (b)         to a place reasonably nominated by the person.

        (3)         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.]