POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 393 Duty of police officer after arrest etc. of person

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 393

393 Duty of police officer after arrest etc. of person

(1) If a police officer does any of the following, the police officer must, as soon as reasonably practicable, take the person before a court to be dealt with according to law—

(a) arrests a person, without warrant, for an offence;

(b) arrests a person under a warrant for an offence, whether under this or another Act;

(c) arrests a person under section 367 or 368 ;

(d) receives into custody a person who is arrested or detained by someone other than a police officer.

(2) Subsection (1) does not apply if the person—

(a) is released under part 4 ; or

(b) is being detained under chapter 15 for an indictable offence; or

(c) is being detained under the Road Use Management Act , section 80 ; or

(d) is arrested under a warrant that requires the police officer to take the person before another body or to another place; or

(e) is delivered into the custody of a watch-house manager or the officer in charge of a police establishment; or

(f) is arrested under section 365 (2) and is later released under section 376 without having been charged with the offence for which the person was arrested; or

(g) is delivered into the custody of a police officer following a detention under the Transport Operations (Passenger Transport) Act 1994 , chapter 11 , part 4A , and is released by the police officer without having been charged with an offence.

Example for subsection (2)(d)—

A warrant under the Commissions of Inquiry Act 1950 may require that a person be apprehended to enable the person to be brought before a commission of inquiry to give evidence.

(3) Also, subsection (1) does not prevent a police officer—

(a) if the person is a prisoner under the Corrective Services Act 2006 —taking the person to a prison or to a watch-house until the person can be conveniently taken to a prison; or

(b) if the person escaped from lawful custody while a prisoner of a court—taking the person to a police station or watch-house until the person can be conveniently returned to the custody of the proper officer of the relevant court.