New South Wales Consolidated Regulations

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) REGULATION 2005 - REG 21

21 Additional matters to be recorded in custody record

(cf Crimes (Detention after Arrest) Regulation 1998 , cl 17)

(1) In addition to the matters specified in section 131 of the Act, the custody manager must record the following particulars in the custody record for a detained person:

(a) in the case of a person who has been arrested during the previous 48 hours:

(i) the offence or offences for which the person was arrested during that previous 48 hours, and

(ii) the investigation period that remains after reduction by so much of any earlier investigation period or periods as occurred within that previous 48 hours,

(b) if an application is made for a detention warrant, and the person declines to make representations (either personally, or by his or her legal representative) to the authorised officer, the fact that the person so declined,

(c) if a detention warrant is issued, a copy of the warrant or form of detention warrant, as the case may be,

(d) the time of any request to make a communication, and the time of any communication, under section 123 or 124 of the Act,

(e) the time of any request for information, or provision of information, pursuant to section 126 or 127 of the Act, together with the nature of such information,

(f) any request by the person, and any arrangement by a police officer (including under section 128 of the Act) for an interpreter, and the time that any such request or arrangement is made,

(g) any request by the person, and any arrangement by a police officer (including under section 129 of the Act) for medical treatment or medication, and the time at which the request or arrangement is made,

(h) any request by the person for refreshments, toilet facilities, washing, showering or bathing facilities,

(i) if the person’s clothing or personal effects are withheld, the reasons for withholding those items.

(2) The custody manager must request the person to sign an acknowledgment as to the correctness of any entry made in the custody record in relation to the matters referred to in section 131 (2) (d) of the Act and subclause (1) (b).