POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 405
Application for extension of detention period
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 405
Application for extension of detention period
405 Application for extension of detention period
(1) A police officer may
apply for an order extending the detention period before the period ends.
(2)
The application must be made to—
(a) a magistrate; or
(b) a justice of the
peace (magistrates court); or
(c) if there is no magistrate or justice of the
peace (magistrates court) available—another justice of the peace other than
a justice of the peace (commissioner for declarations).
(3) However, if the
total questioning period since the detention began will, if extended, be more
than 12 hours, the application must be made to a magistrate.
(4) When making
the application, the police officer must give to the magistrate or justice the
information about any time out the police officer reasonably anticipates will
be necessary.
(5) The person or the person’s lawyer may make submissions to
the magistrate or justice about the application, but not submissions that
unduly delay the consideration of the application.
(6) If the application is
made before the detention period ends, the detention of the person does not
end, unless the magistrate or justice refuses to extend the detention period.
