New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 112A

112A Application of Part in connection with execution of search warrants

(1) This Part applies to a person in the company of a police officer for the purpose of an investigative procedure at premises that are being searched under a search warrant issued under this Act or under a provision specified in Schedule 2 if--

(a) the person has been arrested and is in custody at those premises, or

(b) the person is at the premises and is a protected suspect.

(2) For that purpose--

(a) the functions of the custody manager under this Part are exercisable by a police officer who is at the premises but who is not connected with the investigation concerned and who does not participate in the execution of the search warrant, and

(b) the police officer exercising the functions of the custody manager is not required to comply with any obligation under this Part relating to communication with a friend, relative, guardian or independent person if the police officer suspects on reasonable grounds that doing so may result in bodily injury to any other person, and

(c) the custody record for the detained person or protected suspect may form part of a video recording of the execution of the search warrant, and

(d) this Part applies with such other modifications as are prescribed by the regulations.