New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 118

118 Detention warrant to extend investigation period

(cf Crimes Act 1900 , s 356G)

(1) A police officer may, before the end of the investigation period, apply to an authorised officer for a warrant to extend the maximum investigation period beyond 6 hours.

(2) The person to whom an application for a detention warrant relates, or the person's legal representative, may make representations to the authorised officer about the application.

(3) The authorised officer may issue a warrant that extends the maximum investigation period by up to 6 hours.

(4) The maximum investigation period cannot be extended more than once.

(4A) When determining an application for a detention warrant, the authorised officer is to take into account any period for which the person to whom the application relates was a protected suspect in relation to the investigation.

(5) An authorised officer must not issue a warrant to extend the maximum investigation period unless satisfied that--

(a) the investigation is being conducted diligently and without delay, and

(b) a further period of detention of the person to whom the application relates is reasonably necessary to complete the investigation, and

(c) there is no reasonable alternative means of completing the investigation otherwise than by the continued detention of the person, and

(d) circumstances exist in the matter that make it impracticable for the investigation to be completed within the 6-hour period.

(6) As soon as reasonably practicable after a detention warrant is issued, the custody manager for the person to whom the warrant relates--

(a) must give the person a copy of the warrant, and

(b) must orally inform the person of the nature of the warrant and its effect.