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POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 398 Application of pt 2

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 398

Application of pt 2

398 Application of pt 2

This part applies only to a person who—

(a) is lawfully arrested for an indictable offence, including if the person is arrested under section 365 (2) for questioning the person about the offence or investigating the offence; or
(b) is in lawful custody for a charge of an offence that has not been decided; or
(c) is in lawful custody under a sentence for a term of imprisonment or, for a child, a detention order.
Examples for paragraph (b)—
1 The person may be in lawful custody because bail has been refused or revoked or a condition of bail is contravened.
2 The person is to be released on bail and may be in lawful custody pending the fulfilment of a bail condition.