Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 101

101 .         Arrested person to be brought before court — FLA s. 65S

        (1)         The arresting person must —

            (a)         ensure that the alleged offender is brought before a court before the end of the holding period applicable under subsection (4); and

            (b)         take all reasonable steps to ensure that, before the alleged offender is brought before a court, the person who applied for the warrant or recovery order is aware —

                  (i)         that the alleged offender has been arrested; and

                  (ii)         of the court before which the alleged offender is to be brought.

        (2)         The alleged offender must not be released before the end of the holding period except under an order of a court.

        (3)         This section does not authorise the holding in custody of the alleged offender after the end of the holding period.

        (4)         In this section —

        holding period , in relation to the arrest of an alleged offender, is —

            (a)         if a Saturday, Sunday or public holiday starts within 24 hours after the arrest of the alleged offender, the longer of the following periods —

                  (i)         the period starting with the arrest and ending 48 hours later;

                  (ii)         the period starting with the arrest and ending at the end of the next day after the day of the arrest that is not a Saturday, Sunday or public holiday;

                or

            (b)         in any other case, the period starting with the arrest and ending 24 hours later.