South Australian Current Acts South Australian Current Acts78—Person apprehended without warrant—how dealt with
(1) Subject to this
section, a person who is apprehended without warrant must, as soon as
reasonably practicable, be delivered into the custody of—
(a) the
police officer in charge of the nearest custodial police station; or
(b) a
police officer at a designated police facility.
(2) If a person is
apprehended without warrant on suspicion of having committed a
serious offence, a police officer may, for the purposes of investigating the
suspected offence, before dealing with the person in accordance with
subsection (1)—
(a)
detain the person for whichever is the lesser of—
(i)
the period necessary to complete the immediate
investigation of the suspected offence; or
(ii)
4 hours or such longer period (not exceeding
8 hours) as may be authorised by a magistrate; and
(b) take
the person, or cause him or her to be taken, during the course of detention
under paragraph (a), to places connected with the suspected offence.
(2a) In determining
the period that has elapsed since the apprehension of a person for the
purposes of subsection (2)(a), the following will not be taken into
account:
(a) any
delay occasioned by arranging for a solicitor or other person to be present
during the investigation;
(b) any
delay occasioned by allowing the person to receive medical attention;
(c) the
time that would have been reasonably required to convey the person from the
place of apprehension to—
(i)
the nearest custodial police station; or
(ii)
the designated police facility,
(assuming that the person had been taken as soon as reasonably practicable to
the custodial police station or designated police facility).
(3) If a person has
been detained in custody under subsection (1), the person may, on the
authorisation of a magistrate, be temporarily removed from that custody to the
custody of a police officer for a purpose related to the investigation of an
offence.
(3a) A person who has
been apprehended without warrant and detained in custody at a designated
police facility must, as soon as reasonably practicable, be delivered into the
custody of the police officer in charge of the
nearest custodial police station if any of the following occurs:
(a) the
person declines to make an application for release on bail;
(b) a
decision is made to refuse an application for bail made by the person;
(c)
2 hours, or such longer period (not exceeding 4 hours) as may be
authorised by a magistrate, has elapsed since the person has been detained in
custody at the police facility and the person has not been released (whether
on bail or otherwise).
(3b) In determining
the period that has elapsed since detention in custody at a
designated police facility for the purposes of subsection (3a)(c), the
following will not be taken into account:
(a) any
delay occasioned by arranging for a solicitor or other person to be present;
(b) any
delay occasioned by allowing the person to receive medical attention;
(c) any
period during which the person is temporarily in the custody of a police
officer under subsection (3).
(3c) A person who is
detained in the custody of a police officer at a designated police facility
may be transferred into the custody of another police officer at the police
facility.
(4) An application to
a magistrate for an authorisation under this section may be made by telephone
and, if an application is so made, a written record must be made in the
prescribed form stating—
(a) the
grounds on which the application was made; and
(b)
whether the application was granted and, if so, the terms and conditions on
which it was granted,
and the record must be confirmed by the signature of the magistrate to whom
the application was made.
(5) If it is decided
not to charge a person who is apprehended on suspicion of having committed an
offence, the police officer who is in charge of the investigation of the
suspected offence must ensure that the person is, if the person so
requires—
(a)
returned to the place of apprehension; or
(b)
delivered to another place that may be reasonably nominated by the person.
(6) The Commissioner
may, by instrument in writing, approve the use of any of the following as a
designated police facility:
(a) a
specified room, building or structure (whether permanent or temporary);
(b) a
specified vehicle;
(c) a
vehicle of a specified class.
(7) An approval under
subsection (6) of a designated police facility must—
(a)
specify the use of the designated police facility—
(i)
for a specified event or purpose; or
(ii)
for a specified police operation; or
(iii)
for an event or a purpose of a specified class; or
(iv)
for a police operation of a specified class; or
(v)
for a specified area of the State outside Metropolitan
Adelaide (within the meaning of the Development Act 1993 ); and
(b)
specify conditions for the use of the designated police facility.
(8) The Commissioner
may, by subsequent instrument in writing, vary or revoke an approval under
subsection (6).
(9) In proceedings, a
certificate apparently signed by the Commissioner certifying as to a matter
relating to an instrument under subsection (6) or (8) constitutes
proof, in the absence of proof to the contrary, of the matters so certified.
(10) In this
section—
"custodial police station" means a police station at which cell facilities are
available for the continuous care and custody of an apprehended person;
"designated police facility", in relation to a person apprehended without
warrant, means—
(a) in
the case of a person apprehended within an area of the State in respect of
which there is an approval in force under subsection (6)—
(i)
the place or vehicle used as a designated police facility
in accordance with the approval that is nearest the place of apprehension; or
(ii)
if the person is apprehended at, or in connection with,
an event or police operation in respect of which there is an approval in force
under subsection (6)—a place or vehicle used as a designated police
facility in accordance with the approval; or
(b) in
any other case—
(i)
the police station nearest the place of apprehension; or
(ii)
if the person is apprehended at, or in connection with,
an event or police operation in respect of which there is an approval in force
under subsection (6)—a place or vehicle used as a designated police
facility in accordance with the approval;
"nearest custodial police station", in relation to a person apprehended
without warrant, means—
(a) in
the case of a person apprehended within a radius of 30 kilometres from
the General Post Office at Adelaide—
(i)
the police station at Adelaide known as the City Watch
House; or
(ii)
any other custodial police station within that radius;
(b) in
any other case—the custodial police station nearest the place where the
person is apprehended;
"serious offence" means an indictable offence or an offence punishable by
imprisonment for 2 years or more.