South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 78A

78A—Power of arrest in cases of certain offences committed outside the State

        (1)         This section applies to an offence—

            (a)         that is an offence against the law of a State (other than this State) or a Territory of the Commonwealth; and

            (b)         that consists of an act or omission which, if it occurred in this State, would constitute—

                  (i)         an indictable offence; or

                  (ii)         an offence punishable by imprisonment for two years or more.

        (2)         Any police officer may, without any warrant other than this Act, at any hour of the day or night, apprehend a person whom the officer has reasonable cause to suspect of having committed an offence to which this section applies.

        (3)         Subject to section 78, a person apprehended pursuant to this section must be brought as soon as practicable before the Magistrates Court and the Court

            (a)         may discharge the person; or

            (b)         may—

                  (i)         admit the person to bail on such conditions and guarantees as the Court thinks fit; or

                  (ii)         commit the person to custody,

pending the issue of a warrant for the person's apprehension under the law of the State or Territory in which he or she is alleged to have committed the offence, and the execution of that warrant.

        (4)         Where a person has been detained or admitted to bail pursuant to subsection (3) and a warrant for the person's apprehension is not issued and executed within a reasonable time (not exceeding seven days), that person must be discharged from custody or released from bail (as the case may require) by the Court.

        (5)         The provisions of the Summary Procedure Act 1921 apply, with any necessary modifications, in relation to proceedings under this section.



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