POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 403
Initial period of detention for investigation or questioning
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 403
Initial period of detention for investigation or questioning
403 Initial period of detention for investigation or questioning
(1) A
police officer may detain a person for a reasonable time to investigate, or
question the person about—
(a) if the person is in custody following an
arrest for an indictable offence—the offence for which the person was
arrested; or
(b) in any case—any indictable offence the person is suspected
of having committed, whether or not the offence for which the person is in
custody.
(2) However, the person must not be detained under this part for
more than 8 hours, unless the detention period is extended under this
division.
(3) If this part applies to the person because of section 398(b)
or (c) , the person must be returned to the watch-house or other place of
custody as soon as reasonably practicable after the detention period ends.
(4) In the 8 hours mentioned in subsection (2) (the
"detention period" )—
(a) the person may be questioned for not more than 4
hours; and
(b) the time out may be more than 4 hours.
(5) The detention
period starts when the person is—
(a) arrested for the indictable offence;
or
(b) taken into police custody under a removal order; or
(c) taken from a
watch-house; or
(d) otherwise in the company of a police officer at a
watch-house, prison, or detention centre, for the purpose of questioning the
person.
