New South Wales Consolidated Acts

SUMMARY OFFENCES ACT 1988 - SECT 27J

27J Safeguards

(1) A correctional officer who detains a person in the exercise of a power under section 27F 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 27F, 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).