New South Wales Consolidated Acts

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


Custody records to be maintained

131 Custody records to be maintained

(cf Crimes Act 1900 , s 356V)

(1) The custody manager for a detained person or protected suspect must open a custody record in the form prescribed by the regulations for the person.
(2) The custody manager must record the following particulars in the custody record for the person--
(a) the date and time--
(i) the person arrived at the police station or other place where the custody manager is located, and
(ii) the person came into the custody manager's custody,
(b) the name and rank of the arresting officer and any accompanying officers,
(c) the grounds for the person's detention,
(d) details of any property taken from the person,
(e) if the person participates in any investigative procedure, the time the investigative procedure started and ended,
(f) details of any period of time that is not to be taken into account under section 117,
(g) if the person is denied any rights under this Part, the reason for the denial of those rights and the time when the person was denied those rights,
(h) the date and time of, and reason for, the transfer of the person to the custody of another police officer,
(i) details of any application for a detention warrant and the result of any such application,
(j) if a detention warrant is issued in respect of the person, the date and time a copy of the warrant was given to the person and the person was informed of the nature of the warrant and its effect,
(k) the date and time the person is released from detention,
(l) any other particulars prescribed by the regulations.
(3) The custody manager is responsible for the accuracy and completeness of the custody record for the person and must ensure that the custody record (or a copy of it) accompanies the person if the person is transferred to another location for detention.
(4) The recording of any matters referred to in this section must be made contemporaneously with the matter recorded in so far as it is practicable to do so.
(5) As soon as practicable after the person is released or taken before a Magistrate or authorised officer or court, the custody manager must ensure that a copy of the person's custody record is given to the person.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback