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SUMMARY OFFENCES ACT 1953 - SECT 78

SUMMARY OFFENCES ACT 1953 - SECT 78

78—Person apprehended without warrant—how dealt with

        (1)         Subject to this section, a person who is apprehended without warrant must, as soon as reasonably practicable, be delivered into the custody of—

            (a)         the police officer in charge of the nearest custodial police station; or

            (b)         a police officer at a designated police facility.

        (2)         If a person is apprehended without warrant on suspicion of having committed a serious offence, a police officer may, for the purposes of investigating the suspected offence, before dealing with the person in accordance with subsection (1)—

            (a)         detain the person for whichever is the lesser of—

                  (i)         the period necessary to complete the immediate investigation of the suspected offence; or

                  (ii)         4 hours or such longer period (not exceeding 8 hours) as may be authorised by a magistrate; and

            (b)         take the person, or cause him or her to be taken, during the course of detention under paragraph (a), to places connected with the suspected offence.

        (2a)         In determining the period that has elapsed since the apprehension of a person for the purposes of subsection (2)(a), the following will not be taken into account:

            (a)         any delay occasioned by arranging for a solicitor or other person to be present during the investigation;

            (b)         any delay occasioned by allowing the person to receive medical attention;

            (c)         the time that would have been reasonably required to convey the person from the place of apprehension to—

                  (i)         the nearest custodial police station; or

                  (ii)         the designated police facility,

(assuming that the person had been taken as soon as reasonably practicable to the custodial police station or designated police facility).

        (3)         If a person has been detained in custody under subsection (1), the person may, on the authorisation of a magistrate, be temporarily removed from that custody to the custody of a police officer for a purpose related to the investigation of an offence.

        (3a)         A person who has been apprehended without warrant and detained in custody at a designated police facility must, as soon as reasonably practicable, be delivered into the custody of the police officer in charge of the nearest custodial police station if any of the following occurs:

            (a)         the person declines to make an application for release on bail;

            (b)         a decision is made to refuse an application for bail made by the person;

            (c)         2 hours, or such longer period (not exceeding 4 hours) as may be authorised by a magistrate, has elapsed since the person has been detained in custody at the police facility and the person has not been released (whether on bail or otherwise).

        (3b)         In determining the period that has elapsed since detention in custody at a designated police facility for the purposes of subsection (3a)(c), the following will not be taken into account:

            (a)         any delay occasioned by arranging for a solicitor or other person to be present;

            (b)         any delay occasioned by allowing the person to receive medical attention;

            (c)         any period during which the person is temporarily in the custody of a police officer under subsection (3).

        (3c)         A person who is detained in the custody of a police officer at a designated police facility may be transferred into the custody of another police officer at the police facility.

        (4)         An application to a magistrate for an authorisation under this section may be made by telephone and, if an application is so made, a written record must be made in the prescribed form stating—

            (a)         the grounds on which the application was made; and

            (b)         whether the application was granted and, if so, the terms and conditions on which it was granted,

and the record must be confirmed by the signature of the magistrate to whom the application was made.

        (5)         If it is decided not to charge a person who is apprehended on suspicion of having committed an offence, the police officer who is in charge of the investigation of the suspected offence must ensure that the person is, if the person so requires—

            (a)         returned to the place of apprehension; or

            (b)         delivered to another place that may be reasonably nominated by the person.

        (6)         The Commissioner may, by instrument in writing, approve the use of any of the following as a designated police facility:

            (a)         a specified room, building or structure (whether permanent or temporary);

            (b)         a specified vehicle;

            (c)         a vehicle of a specified class.

        (7)         An approval under subsection (6) of a designated police facility must—

            (a)         specify the use of the designated police facility

                  (i)         for a specified event or purpose; or

                  (ii)         for a specified police operation; or

                  (iii)         for an event or a purpose of a specified class; or

                  (iv)         for a police operation of a specified class; or

                  (v)         for a specified area of the State outside Metropolitan Adelaide (within the meaning of the Development Act 1993 ); and

            (b)         specify conditions for the use of the designated police facility.

        (8)         The Commissioner may, by subsequent instrument in writing, vary or revoke an approval under subsection (6).

        (9)         In proceedings, a certificate apparently signed by the Commissioner certifying as to a matter relating to an instrument under subsection (6) or (8) constitutes proof, in the absence of proof to the contrary, of the matters so certified.

        (10)         In this section—

"custodial police station" means a police station at which cell facilities are available for the continuous care and custody of an apprehended person;

"designated police facility", in relation to a person apprehended without warrant, means—

            (a)         in the case of a person apprehended within an area of the State in respect of which there is an approval in force under subsection (6)—

                  (i)         the place or vehicle used as a designated police facility in accordance with the approval that is nearest the place of apprehension; or

                  (ii)         if the person is apprehended at, or in connection with, an event or police operation in respect of which there is an approval in force under subsection (6)—a place or vehicle used as a designated police facility in accordance with the approval; or

            (b)         in any other case—

                  (i)         the police station nearest the place of apprehension; or

                  (ii)         if the person is apprehended at, or in connection with, an event or police operation in respect of which there is an approval in force under subsection (6)—a place or vehicle used as a designated police facility in accordance with the approval;

"nearest custodial police station", in relation to a person apprehended without warrant, means—

            (a)         in the case of a person apprehended within a radius of 30 kilometres from the General Post Office at Adelaide—

                  (i)         the police station at Adelaide known as the City Watch House; or

                  (ii)         any other custodial police station within that radius;

            (b)         in any other case—the custodial police station nearest the place where the person is apprehended;

"serious offence" means an indictable offence or an offence punishable by imprisonment for 2 years or more.