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Detention

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Detention

An individual must not be arrested solely for the purpose of enabling police to investigate their alleged involvement in an offence. If, at the time of arrest, the arresting officer lacks reasonable grounds to believe the individual has committed an offence, no subsequent discovery can render the arrest lawful.

However, once a lawful arrest has been made, the police are permitted to detain the individual – the suspect – in order to investigate whether they have committed any offence.

A lawyer representing a person in custody must have a thorough understanding of these legal provisions, as well as the rights and obligations of their client under both these specific rules and the general principles of law, particularly in relation to:

  • information to be provided to the detained person by the police;
  • the length and conditions of detention;
  • police powers of interrogation;
  • police powers of obtaining forensic samples from the suspect;
  • identification procedures;
  • procedures in commencing criminal proceedings; and
  • police power to grant/refuse bail.

An arrested individual may be detained for a reasonable period to facilitate an investigation, commencing at the time of arrest. However, the initial detention period must not exceed six hours.

This timeframe may be extended by up to an additional six hours if authorised by a warrant issued by an authorised officer. The total permissible investigation period is 12 hours, excluding time spent as a “protected suspect” or any other excluded periods.

Periods related to “protected suspect” status, recovery from intoxication, or legal procedures are not included in the calculation of the initial six-hour detention limit.

The investigation period may be extended under certain circumstances, including the complexity of the case, the requirement to obtain a search warrant, or the necessity of conducting forensic procedures.

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* Information contained in this article is of a general nature only and should not be relied upon as concise legal advice.
Please contact for legal advice tailored to your situation. *


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Mark Racca

About Mark Racca

Principal Solicitor & Director LLB, GradDipLegPrac, MPA

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