New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 253M

253M Safeguards

(1) A correctional officer who detains a person in the exercise of a power under section 253I must not detain the person any longer than is reasonably necessary for the purpose, and in any event for no longer than 4 hours.

(2) A correctional officer must, before exercising a power to detain, search or arrest a person under section 253I, or as soon as is reasonably practicable after exercising the power, provide the person subject to the exercise of the power with the following--

(a) evidence that the correctional officer is a correctional officer (unless the correctional officer is in uniform),

(b) the name of the correctional officer,

(c) the reason for the exercise of the power,

(d) a warning that failure or refusal to comply with a request or direction of the correctional officer, in the exercise of the power, is an offence.

(3) Subsection (2) extends to a direction given by a correctional officer to a person in the exercise of a power to stop, detain and search a vehicle.

(4) A correctional officer is not required to comply with subsection (2) if the correctional officer believes on reasonable grounds that--

(a) the circumstances are of such urgency that complying with subsection (2) would render a search ineffective, or

(b) it is not reasonably possible to comply with subsection (2).

(5) Subsections (2) and (3) do not apply in relation to the exercise of powers under section 253I (1).