JUSTICES ACT 1959 - SECT 34A Procedure on arrest
JUSTICES ACT 1959 - SECT 34A
Procedure on arrest
(1) Where a person, other than a prescribed person, who is taken into custody for an offence or a breach of duty or under section 5 (5A) of the Bail Act 1994 is brought before a justice, the justice must determine whether there is alleged against that person an act or omission that would constitute an offence or a breach of duty and (a) if there is not, the justice must release him or her; or(b) if there is, the justice must, except in a case to which section 70(2) applies, proceed as provided in section 35 .(2) Where a prescribed person is brought before a justice, the justice must (a) cause the application for the restraint order to be read to the person or explain to the person, in simple terms, the contents and meaning of the application; and(b) determine whether there is alleged against the person conduct that would constitute grounds for the making of a restraint order under Part XA .(3) If a justice is satisfied that (a) there is not alleged against a prescribed person who is brought before the justice conduct that would constitute grounds for the making of a restraint order under Part XA , the justice must release the person; or(b) there is alleged against that person any such conduct, the justice must (i) proceed as provided in section 35 ; or(ii) make an interim restraint order under section 106D notwithstanding that the justice is acting alone in making that order.(4) For the purposes of this section, prescribed person means a person (a) who is taken into custody to facilitate the making of an application for a restraint order under Part XA ; or(b) who, after having been taken into custody as specified in paragraph (a) and released on bail under section 34 , is taken into custody under section 5 (5A) of the Bail Act 1994 .