New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]


Effect of Part on other powers and duties

113 Effect of Part on other powers and duties

(cf Crimes Act 1900 , s 356B)

(1) Existing powers relating to arrest and other matters This Part does not--
(a) confer any power to arrest a person, or to detain a person who has not been lawfully arrested, or
(b) prevent a police officer from asking or causing a person to do a particular thing that the police officer is authorised by law to ask or cause the person to do (for example, the power to require a person to submit to a breath analysis under Division 2 of Part 2 of Schedule 3 to the Road Transport Act 2013 ), or
(c) independently confer power to carry out an investigative procedure.
(2) Certain evidentiary matters and rights not affected Nothing in this Part affects--
(a) the operation of--
(i) the following provisions of the Evidence Act 1995 --
section 84 (Exclusion of admissions influenced by violence and certain other conduct)
section 85 (Criminal proceedings: reliability of admissions by defendants)
section 90 (Discretion to exclude admissions)
section 138 (Exclusion of improperly or illegally obtained evidence)
section 139 (Cautioning of persons), or
(ii) any other provision of that Act, or
(b) any law that permits or requires a person to be present at the questioning of another person who is under arrest or is a protected suspect (for example, the presence of a parent at the questioning by a police officer of the parent's child), or
(c) the right of a person to refuse to participate in any questioning of the person or any other investigative procedure unless the person is required by law to do so, or
(d) the right of a person to leave police custody if the person is not under arrest, or
(e) the rights of a person under the Bail Act 2013 .

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback