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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 .