{"id":"tas:act-1995-072","name":"Criminal Law (Detention and Interrogation) Act 1995","slug":"criminal-law-detention-and-interrogation-act-1995","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"72 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106160,"registerId":"tas-act-1995-072-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Criminal Law (Detention and Interrogation) Act 1995](/view/html/inforce/2026-04-12/act-1995-072) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***Commissioner*** means the Commissioner of Police;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 76 of 2009, s. 11, Applied:11 Dec 2009\\]*](/view/html/inforce/2009-12-11/act-2009-076#GS11@Hpa@EN) ***correctional officer*** has the same meaning as in the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ;\n> > \n> > > ***designated police station*** means a police station which is designated by the Commissioner under [section 13](#GS13@EN) ;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja23@GC1@EN)\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja23@GC1@EN) ***legal practitioner*** means an Australian legal practitioner;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 76 of 2009, s. 11, Applied:11 Dec 2009\\]*](/view/html/inforce/2009-12-11/act-2009-076#GS11@Hpb@EN) ***reception prison*** means a prison, in any of the following areas, in respect of which a proclamation has been made under [section 9(2) of the](/view/html/inforce/2026-04-12/act-1997-051#GS9@Gs2@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) :\n> > > \n> > > > > (a) Hobart;\n> > > > \n> > > > > (b) Launceston.\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja17@GC1@EN)\n> > \n> > > ***standing orders*** means standing orders or policy documents issued by the Commissioner under [section 12](#GS12@EN) .\n> \n> > (2)  For the purposes of this Act, a person is in custody if he or she is –\n> > \n> > > > (a) under lawful arrest by warrant; or\n> > > \n> > > > (b) under lawful arrest under [section 27 of the](/view/html/inforce/2026-04-12/act-1924-069#GS27@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) or a provision of any other Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Detention of person in custody","content":"### 4 Detention of person in custody\n\n> > (1)  [*\\[Section 4 Subsection (1) amended by No. 19 of 2020, s. 6, Applied:22 Aug 2022\\]*](/view/html/inforce/2022-08-22/act-2020-019#GS6@EN) [*\\[Section 4 Subsection (1) amended by No. 29 of 2018, s. 23, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS23@Hpa@EN) Subject to [subsection (2)](#GS4@Gs2@EN) , every person taken into custody, other than under a warrant issued by a judge of the Supreme Court, must be brought before a magistrate or a justice as soon as practicable after being taken into custody unless released unconditionally or released under [subsection (3)](#GS4@Gs3@EN) or [subsection (5)](#GS4@Gs5@EN) or under [section 34 of the](/view/html/inforce/2026-04-12/act-1959-077#GS34@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .\n> \n> > (2)  Every person who has been taken into custody may be detained by a police officer –\n> > \n> > > > (a) for a reasonable time after being taken into custody for the purposes of questioning the person, or carrying out investigations in which the person participates, in order to determine his or her involvement, if any, in relation to an offence; and\n> > > \n> > > > (ab) [*\\[Section 4 Subsection (2) amended by No. 29 of 2018, s. 23, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS23@Hpb@EN) if the police officer believes on reasonable grounds that the person –\n> > > > \n> > > > > > (i) is under the influence of alcohol, another drug or a combination of drugs (in this section referred to as being ***intoxicated***); and\n> > > > > \n> > > > > > (ii) is behaving in a manner likely to cause injury to himself, herself or another person or cause damage to any property, or is incapable of protecting himself or herself from physical harm –\n> > > > \n> > > > until the person may be released under [subsection (5)](#GS4@Gs5@EN) ; and\n> > > \n> > > > (b) during the period reasonably required to arrange to bring the person before a magistrate or justice and to transport the person to a magistrate or justice.\n> \n> > (3)  Where the reasonable time referred to in [subsection (2)](#GS4@Gs2@EN) [(a)](#GS4@Gs2@Hpa@EN) expires, the person in custody may be admitted to bail by a person mentioned in [section 34 of the](/view/html/inforce/2026-04-12/act-1959-077#GS34@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .\n> \n> > (4)  In determining what constitutes a reasonable time for the purposes of [subsection (2)](#GS4@Gs2@EN) [(a)](#GS4@Gs2@Hpa@EN) , consideration must be taken of, but is not limited to, the following matters:\n> > \n> > > > (a) the number and complexity of the offences to be investigated;\n> > > \n> > > > (b) any need of the police officer to read and collate relevant material or to take any other steps that are reasonably necessary by way of preparation for the questioning or investigation;\n> > > \n> > > > (c) any need to transport the person from the place of apprehension or detention to a place where facilities are available to conduct an interview or investigation;\n> > > \n> > > > (d) the number of other people who need to be questioned during the period of custody in respect of the offence for which the person is in custody;\n> > > \n> > > > (e) any need to visit the place where the offence is believed to have been committed or any other place reasonably connected with the investigation of the offence;\n> > > \n> > > > (f) the time during which questioning is deferred or suspended to allow the person to communicate with a legal practitioner, friend, relative, parent, guardian or independent person or, in the case of a child, a person called by the police officer conducting the investigation to accompany the child;\n> > > \n> > > > (g) any time taken by a legal practitioner, friend, relative, parent, guardian, independent person or interpreter or, in the case of a child, a person called by the police officer conducting the investigation to accompany the child to arrive at the place where the questioning or investigation is to take place;\n> > > \n> > > > (h) any time during which the questioning or investigation of the person is suspended or delayed to allow the person to receive medical attention;\n> > > \n> > > > (ha) [*\\[Section 4 Subsection (4) amended by No. 2 of 2023, s. 15, Applied:20 Apr 2023\\]*](/view/html/inforce/2023-04-20/act-2023-002#GS15@EN) any time during which the questioning or investigation of the person is suspended or delayed to facilitate the use of a witness intermediary, within the meaning of the [Evidence (Children and Special Witnesses) Act 2001](/view/html/inforce/2026-04-12/act-2001-079) , in respect of the person or in respect of a witness in a proceeding;\n> > > \n> > > > (i) any time during which the questioning or investigation of the person is suspended or delayed to allow the person to rest or receive refreshment;\n> > > \n> > > > (j) the period of time when the person cannot be questioned because of his or her intoxication, illness or other physical condition;\n> > > \n> > > > (k) the need to detain the person whilst an identification parade is being arranged or conducted;\n> > > \n> > > > (l) the need to detain the person whilst searches or forensic examinations are carried out;\n> > > \n> > > > (m) any other matters reasonably connected with the investigation of the offence.\n> \n> > (5)  [*\\[Section 4 Subsection (5) omitted by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002\\]*](/view/html/inforce/2002-07-01/act-2001-080#JS1@Ja5@GC1@EN) [*\\[Section 4 Subsection (5) inserted by No. 29 of 2018, s. 23, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS23@Hpc@EN) A person referred to in [subsection (2)(ab)](#GS4@Gs2@Hpab@EN) may be admitted to bail by a person mentioned in [section 34 of the](/view/html/inforce/2026-04-12/act-1959-077#GS34@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) if he or she believes on reasonable grounds that the person –\n> > \n> > > > (a) is no longer intoxicated; or\n> > > \n> > > > (b) although still intoxicated, can safely be released into the care of a person who is capable of taking adequate care of him or her; or\n> > > \n> > > > (c) although still intoxicated, can safely be released into the care of a hospital or a charitable institution, or other facility, capable of caring for an intoxicated person; or\n> > > \n> > > > (d) although still intoxicated –\n> > > > \n> > > > > > (i) is not likely to cause injury to himself, herself or another person; and\n> > > > > \n> > > > > > (ii) is not likely to damage property; and\n> > > > > \n> > > > > > (iii) is capable of protecting himself or herself from physical harm.\n> \n> > (6)  [*\\[Section 4 Subsection (6) omitted by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002\\]*](/view/html/inforce/2002-07-01/act-2001-080#JS1@Ja5@GC1@EN) [*\\[Section 4 Subsection (6) inserted by No. 29 of 2018, s. 23, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS23@Hpc@EN) A person referred to in [subsection (2)(ab)](#GS4@Gs2@Hpab@EN) who is being detained only because a police officer believes on reasonable grounds that the person may not be released under [subsection (5)](#GS4@Gs5@EN) must be admitted to bail by a person mentioned in [section 34 of the](/view/html/inforce/2026-04-12/act-1959-077#GS34@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) on being in custody for a period of 8 hours or such extended period as may be determined under [subsection (7)](#GS4@Gs7@EN) .\n> \n> > (7)  [*\\[Section 4 Subsection (7) inserted by No. 29 of 2018, s. 23, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS23@Hpc@EN) If –\n> > \n> > > > (a) the 8-hour period referred to in [subsection (6)](#GS4@Gs6@EN) is close to expiration; and\n> > > \n> > > > (b) a commissioned police officer believes on reasonable grounds that, at the expiration of that period, the conditions for release of the person set out under [subsection (5)](#GS4@Gs5@EN) will not be met –\n> > \n> > the person may be detained for such further period, not exceeding 4 hours, as the commissioned police officer determines necessary to enable the person to meet the conditions for release specified in [subsection (5)](#GS4@Gs5@EN) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Rights to an interpreter","content":"### 5 Rights to an interpreter\n\n> > (1)  If a person in custody does not have a knowledge of the English language that is sufficient to enable the person to understand the questioning or investigation, the police officer conducting the investigation must, before any questioning or investigation under [section 4](#GS4@EN) may commence, arrange for the presence of a competent interpreter and defer the questioning or investigation until the interpreter is present.\n> \n> > (2)  [*\\[Section 5 Subsection (2) substituted by No. 25 of 2006, Sched. 2, Applied:23 Dec 2006\\]*](/view/html/inforce/2006-12-23/act-2006-025#JS2@Ja1@GC1@EN) This section does not apply to questioning or investigation in connection with an offence under –\n> > \n> > > > (a) [section 4](/view/html/inforce/2026-04-12/act-1970-077#GS4@EN) , [6](/view/html/inforce/2026-04-12/act-1970-077#GS6@EN) or [14 of the](/view/html/inforce/2026-04-12/act-1970-077#GS14@EN) [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) ; or\n> > > \n> > > > (b) [section 13(1)](/view/html/inforce/2026-04-12/act-2006-025#GS13@Gs1@EN) , [16(1)](/view/html/inforce/2026-04-12/act-2006-025#GS16@Gs1@EN) , [21(2)](/view/html/inforce/2026-04-12/act-2006-025#GS21@Gs2@EN) , [22(3)](/view/html/inforce/2026-04-12/act-2006-025#GS22@Gs3@EN) , [24(2)](/view/html/inforce/2026-04-12/act-2006-025#GS24@Gs2@EN) , [26(2)](/view/html/inforce/2026-04-12/act-2006-025#GS26@Gs2@EN) , [28(3)](/view/html/inforce/2026-04-12/act-2006-025#GS28@Gs3@EN) , [33(3)](/view/html/inforce/2026-04-12/act-2006-025#GS33@Gs3@EN) or [38(3)](/view/html/inforce/2026-04-12/act-2006-025#GS38@Gs3@EN) of the [Marine Safety (Misuse of Alcohol) Act 2006](/view/html/inforce/2026-04-12/act-2006-025) .","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Right to communicate with friend, relative and legal practitioner","content":"### 6 Right to communicate with friend, relative and legal practitioner\n\n> > (1)  Before any questioning or investigation under [section 4](#GS4@EN) may commence, the police officer conducting the investigation must inform the person in custody that he or she –\n> > \n> > > > (a) may communicate with, or attempt to communicate with, a friend or relative to inform the friend or relative of the whereabouts of the person in custody; and\n> > > \n> > > > (b) may communicate with, or attempt to communicate with, a legal practitioner.\n> \n> > (2)  Where a person in custody requests –\n> > \n> > > > (a) to communicate with a friend or relative to inform that person of his or her whereabouts; or\n> > > \n> > > > (b) to communicate with a legal practitioner; or\n> > > \n> > > > (c) to communicate with a friend or relative to inform that person of his or her whereabouts and with a legal practitioner –\n> > \n> > the police officer conducting the investigation must, subject to [subsection (3)](#GS6@Gs3@EN) , defer the questioning and investigation for a time that is reasonable in the circumstances to enable the person to make, or attempt to make, the communication.\n> \n> > (3)  [*\\[Section 6 Subsection (3) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000\\]*](/view/html/inforce/2000-02-01/act-1999-049#JS1@Ja7@GC1@EN) Where a person in custody is of or over the age of 18 years, the police officer conducting the investigation may deny the person in custody communication with all or any of the persons referred to in [subsection (2)](#GS6@Gs2@EN) [(a)](#GS6@Gs2@Hpa@EN) , [(b)](#GS6@Gs2@Hpb@EN) or [(c)](#GS6@Gs2@Hpc@EN) for a period not exceeding 4 hours if the police officer believes on reasonable grounds that–\n> > \n> > > > (a) any communication referred to in [subsection (2)](#GS6@Gs2@EN) is likely to result in the escape of an accomplice or the fabrication or destruction of evidence; or\n> > > \n> > > > (b) the questioning or investigation is so urgent, having regard to the safety of other people, that it should not be delayed.\n> \n> > (4)  [*\\[Section 6 Subsection (4) amended by No. 29 of 2018, s. 24, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-029#GS24@EN) The police officer conducting the investigation or another police officer acting on his or her behalf may, before the expiration of the 4 hour period referred to in [subsection (3)](#GS6@Gs3@EN) or such further period as a magistrate has granted under [subsection (6)](#GS6@Gs6@EN) , apply to a magistrate for an order authorising the police officer to deny the person in custody communication with all or any of the persons referred to in [subsection (2)](#GS6@Gs2@EN) [(a)](#GS6@Gs2@Hpa@EN) , [(b)](#GS6@Gs2@Hpb@EN) or [(c)](#GS6@Gs2@Hpc@EN) for a further period.\n> \n> > (5)  An application under [subsection (4)](#GS6@Gs4@EN) for an order specified in that subsection –\n> > \n> > > > (a) is, except as provided in [section 7](#GS7@EN) , to be made in writing; and\n> > > \n> > > > (b) is to set out the grounds for seeking that order.\n> \n> > (6)  If the magistrate is satisfied that there are reasonable grounds for doing so, the magistrate may make an order authorising the police officer to deny the person in custody communication with all or any of the persons referred to in [subsection (2)](#GS6@Gs2@EN) [(a)](#GS6@Gs2@Hpa@EN) , [(b)](#GS6@Gs2@Hpb@EN) or [(c)](#GS6@Gs2@Hpc@EN) for such period as is specified in the order.\n> \n> > (7)  Subject to [subsections (3)](#GS6@Gs3@EN) and [(6)](#GS6@Gs6@EN) , if a person in custody wishes to communicate with a friend, relative or legal practitioner, the police officer in whose custody the person is –\n> > \n> > > > (a) must afford the person reasonable facilities as soon as practicable to enable the person to do so; and\n> > > \n> > > > (b) must allow the person's legal practitioner to communicate with the person in custody in circumstances in which as far as practicable the communication will not be overheard.\n> \n> > (8)  [*\\[Section 6 Subsection (8) substituted by No. 25 of 2006, Sched. 2, Applied:23 Dec 2006\\]*](/view/html/inforce/2006-12-23/act-2006-025#JS2@Ja1@GC2@EN) This section does not apply to questioning or investigation in connection with an offence under –\n> > \n> > > > (a) [section 4](/view/html/inforce/2026-04-12/act-1970-077#GS4@EN) , [6](/view/html/inforce/2026-04-12/act-1970-077#GS6@EN) or [14 of the](/view/html/inforce/2026-04-12/act-1970-077#GS14@EN) [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) ; or\n> > > \n> > > > (b) [section 13(1)](/view/html/inforce/2026-04-12/act-2006-025#GS13@Gs1@EN) , [16(1)](/view/html/inforce/2026-04-12/act-2006-025#GS16@Gs1@EN) , [21(2)](/view/html/inforce/2026-04-12/act-2006-025#GS21@Gs2@EN) , [22(3)](/view/html/inforce/2026-04-12/act-2006-025#GS22@Gs3@EN) , [24(2)](/view/html/inforce/2026-04-12/act-2006-025#GS24@Gs2@EN) , [26(2)](/view/html/inforce/2026-04-12/act-2006-025#GS26@Gs2@EN) , [28(3)](/view/html/inforce/2026-04-12/act-2006-025#GS28@Gs3@EN) , [33(3)](/view/html/inforce/2026-04-12/act-2006-025#GS33@Gs3@EN) or [38(3)](/view/html/inforce/2026-04-12/act-2006-025#GS38@Gs3@EN) of the [Marine Safety (Misuse of Alcohol) Act 2006](/view/html/inforce/2026-04-12/act-2006-025) .","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Orders made by telephone","content":"### 7 Orders made by telephone\n\n> > (1)  Subject to this section –\n> > \n> > > > (a) an application under [section 6](#GS6@EN) [(4)](#GS6@Gs4@EN) may be made by telephone if the applicant is of or above the rank of sergeant; and\n> > > \n> > > > (b) a magistrate may under [section 6](#GS6@EN) [(6)](#GS6@Gs6@EN) make an order that has been applied for by telephone.\n> \n> > (2)  A magistrate makes an order under [section 6](#GS6@EN) [(6)](#GS6@Gs6@EN) that has been applied for by telephone by stating the terms of the order.\n> \n> > (3)  A magistrate must not make an order under [section 6](#GS6@EN) [(6)](#GS6@Gs6@EN) that has been applied for by telephone if the magistrate is of the opinion that it would be practicable in the circumstances for the police officer to apply to a magistrate for the order in person.\n> \n> > (4)  A magistrate who makes an order under [section 6](#GS6@EN) [(6)](#GS6@Gs6@EN) that has been applied for by telephone is to cause a record to be made in writing of –\n> > \n> > > > (a) the name and rank of the police officer who applied for the order; and\n> > > \n> > > > (b) the location of the police officer at the time the application was made; and\n> > > \n> > > > (c) the reasons given by the police officer as to why it was not practicable in the circumstances for the police officer to apply to a magistrate for an order in person; and\n> > > \n> > > > (d) the full name of the person to whom the order relates; and\n> > > \n> > > > (e) the terms of the order as stated to the police officer; and\n> > > \n> > > > (f) the date and time the order was made.\n> \n> > (5)  The police officer must –\n> > \n> > > > (a) cause a record to be made in writing setting out the terms of the order; and\n> > > \n> > > > (b) endorse the record with the name of the magistrate by whom, and the date and time when, the order was made.","sortOrder":6},{"sectionNumber":"8.","sectionType":"section","heading":null,"content":"### 8.\n\n[*\\[Section 8 Subsection (1) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000\\]*](/view/html/inforce/2000-02-01/act-1999-049#JS1@Ja7@GC2@EN) [*\\[Section 8 Repealed by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002\\]*](/view/html/inforce/2002-07-01/act-2001-080#JS1@Ja5@GC2@EN)","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Right to remain silent, &c., not affected","content":"### 9 Right to remain silent, &c., not affected\n\n> Nothing in [sections 4](#GS4@EN) , [5](#GS5@EN) and [6](#GS6@EN) affects –\n> \n> > > (a) the right of a person suspected of having committed an offence to refuse to answer questions or to participate in investigations except where required to do so by or under an Act or a Commonwealth Act; or\n> > \n> > > (b) the onus on the prosecution to establish the voluntariness of an admission or confession made by a person suspected of having committed an offence; or\n> > \n> > > (c) the discretion of a court to exclude unfairly obtained evidence; or\n> > \n> > > (d) the discretion of a court to exclude illegally or improperly obtained evidence.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"No power to detain person not under arrest","content":"### 10 No power to detain person not under arrest\n\n> Nothing in [sections 4](#GS4@EN) , [5](#GS5@EN) and [6](#GS6@EN) confers a power to detain against his or her will a person who is not under arrest.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Police officer not prevented from exercising certain powers","content":"### 11 Police officer not prevented from exercising certain powers\n\n> Nothing in [sections 4](#GS4@EN) , [5](#GS5@EN) and [6](#GS6@EN) prevents a police officer from asking or causing a person to do anything that the police officer is authorised by law to ask or cause the person to do.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Standing orders, &c.","content":"### 12 Standing orders, &c.\n\n> The Commissioner may issue standing orders and policy documents relating to the treatment of persons in custody.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Designated police stations","content":"### 13 Designated police stations\n\n> > (1)  The Commissioner must designate the police stations in this State which are to be used for the purpose of detaining arrested persons.\n> \n> > (2)  The Commissioner's duty under [subsection (1)](#GS13@Gs1@EN) is to designate police stations which appear to the Commissioner to provide sufficient facilities for the purpose of detaining arrested persons.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Custody officers at police stations","content":"### 14 Custody officers at police stations\n\n> > (1)  The Commissioner must appoint one or more police officers as custody officers for each designated police station.\n> \n> > (2)  A police officer who is below the rank of sergeant may not be appointed as a custody officer for a designated police station unless there is no person of that rank or above that rank deployed at the designated police station.\n> \n> > (3)  A police officer of any rank may perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.\n> \n> > (4)  Subject to [subsections (5)](#GS14@Gs5@EN) and [(6)](#GS14@Gs6@EN) and [section 16](#GS16@EN) [(3)](#GS16@Gs3@EN) , none of the functions of a custody officer in relation to a person are to be performed by a police officer who at the time the function is to be performed is involved in the investigation of an offence for which that person is in custody at that time.\n> \n> > (5)  Nothing in [subsection (4)](#GS14@Gs4@EN) is to be taken to prevent a custody officer –\n> > \n> > > > (a) doing anything in connection with the identification of a suspect; or\n> > > \n> > > > (b) [*\\[Section 14 Subsection (5) amended by No. 25 of 2006, Sched. 2, Applied:23 Dec 2006\\]*](/view/html/inforce/2006-12-23/act-2006-025#JS2@Ja1@GC3@EN) doing anything under the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) or [Marine Safety (Misuse of Alcohol) Act 2006](/view/html/inforce/2026-04-12/act-2006-025) .\n> \n> > (6)  Where a person in custody is taken to a police station which is not a designated police station, the functions in relation to that person which at a designated police station would be the functions of a custody officer are to be performed –\n> > \n> > > > (a) by a police officer who is not involved in the investigation of an offence for which that person is in custody, if such an officer is readily available; and\n> > > \n> > > > (b) if no such police officer is readily available, by the officer who took the person to the station or any other officer.\n> \n> > (7)  References to a custody officer in [sections 15](#GS15@EN) and [16](#GS16@EN) include references to a police officer other than the custody officer who is performing the functions of a custody officer by virtue of [subsection (3)](#GS14@Gs3@EN) or [(6)](#GS14@Gs6@EN) .","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Recording of information in respect of persons in custody","content":"### 15 Recording of information in respect of persons in custody\n\n> > (1)  Where a person is in custody and is taken to a police station or is arrested and taken into custody at a police station, the person must be brought before a custody officer without delay and placed in the custody of the custody officer.\n> \n> > (2)  When a person is brought before a custody officer, the custody officer must –\n> > \n> > > > (a) record the time of the person's arrival at the police station and the time when the person came into the custody officer's custody; and\n> > > \n> > > > (b) in the presence of the person in custody make a written record of the grounds for that person's detention; and\n> > > \n> > > > (c) inform the person in custody of the reason for that person's detention.\n> \n> > (3)  The police officer conducting the investigation must advise the custody officer –\n> > \n> > > > (a) if the person in custody is questioned, the time of the commencement and ending of the questioning; and\n> > > \n> > > > (b) if the person in custody is denied the right under [section 6](#GS6@EN) to communicate with all or any of the persons referred to in [section 6](#GS6@EN) [(2)](#GS6@Gs2@EN) [(a)](#GS6@Gs2@Hpa@EN) , [(b)](#GS6@Gs2@Hpb@EN) or [(c)](#GS6@Gs2@Hpc@EN) , the reason for the denial of the right to communicate, the time when the person was denied that right and the time when the person was allowed to communicate.\n> \n> > (4)  The custody officer must also record –\n> > \n> > > > (a) any transfer of custody of a person brought before the custody officer; and\n> > > \n> > > > (b) the details of the advice received by the custody officer under [subsection (3)](#GS15@Gs3@EN) .\n> \n> > (5)  In so far as it is practicable to do so, the recording of any matters referred to in [subsections (2)](#GS15@Gs2@EN) and [(4)](#GS15@Gs4@EN) must be made contemporaneously with the matter recorded.\n> \n> > (6)  A custody officer may transfer a person in custody into the custody of another custody officer.\n> \n> > (7)  If a person in custody is transferred into the custody of another custody officer, the custody officer into whose custody the person is transferred must acknowledge in writing the acceptance of the transfer of that person.\n> \n> > (8)  [*\\[Section 15 Subsection (8) inserted by No. 60 of 1999, s. 4, Applied:24 Nov 1999\\]*](/view/html/inforce/1999-11-24/act-1999-060#GS4@EN) This section does not apply to a person in custody in respect of whom it is not proposed to conduct any questioning, or carry out any investigation, as mentioned in [section 4(2)](#GS4@Gs2@EN) .","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Duties of custody officer in relation to persons in custody","content":"### 16 Duties of custody officer in relation to persons in custody\n\n> > (1)  Subject to [subsection (2)](#GS16@Gs2@EN) , the custody officer at a police station must ensure –\n> > \n> > > > (a) that all persons in custody at that station are treated in accordance with this Act and any standing orders; and\n> > > \n> > > > (b) that all matters relating to persons in custody at the station which are required by this Act or by those standing orders to be recorded are recorded in the custody records relating to those persons.\n> \n> > (2)  A custody officer may transfer or permit the transfer of a person in custody –\n> > \n> > > > (a) to the custody of a police officer investigating the offence for which the person is in custody; or\n> > > \n> > > > (b) [*\\[Section 16 Subsection (2) amended by No. 76 of 2009, s. 12, Applied:11 Dec 2009\\]*](/view/html/inforce/2009-12-11/act-2009-076#GS12@Hpa@EN) to the custody of a police officer who has charge of that person outside the police station; or\n> > > \n> > > > (c) [*\\[Section 16 Subsection (2) amended by No. 76 of 2009, s. 12, Applied:11 Dec 2009\\]*](/view/html/inforce/2009-12-11/act-2009-076#GS12@Hpb@EN) to the custody of a correctional officer of a reception prison.\n> \n> > (3)  [*\\[Section 16 Subsection (3) amended by No. 76 of 2009, s. 12, Applied:11 Dec 2009\\]*](/view/html/inforce/2009-12-11/act-2009-076#GS12@Hpc@EN) If the custody officer transfers or permits the transfer of a person in custody in accordance with [subsection (2)(a)](#GS16@Gs2@Hpa@EN) or [(b)](#GS16@Gs2@Hpb@EN) , the custody officer ceases in relation to that person to be subject to the duty imposed on the custody officer by [subsection (1)](#GS16@Gs1@EN) [(a)](#GS16@Gs1@Hpa@EN) and the police officer to whom the transfer is made must ensure that the person is treated in accordance with the provisions of this Act and any standing orders mentioned in [subsection (1)](#GS16@Gs1@EN) .\n> \n> > (4)  [*\\[Section 16 Subsection (4) inserted by No. 76 of 2009, s. 12, Applied:11 Dec 2009\\]*](/view/html/inforce/2009-12-11/act-2009-076#GS12@Hpd@EN) If the custody officer transfers or permits the transfer of a person in custody in accordance with [subsection (2)(c)](#GS16@Gs2@Hpc@EN) , the custody officer –\n> > \n> > > > (a) is to record the transfer as if it were a transfer to another custody officer under [section 15](#GS15@EN) ; and\n> > > \n> > > > (b) in relation to that person, ceases to be subject to the duty imposed on the custody officer by [subsection (1)](#GS16@Gs1@EN) [(a)](#GS16@Gs1@Hpa@EN) other than the duty imposed by that subsection in relation to [section 4](#GS4@EN) .","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Duties of correctional officer in relation to persons in custody","content":"### 17 Duties of correctional officer in relation to persons in custody\n\n> [*\\[Section 17 Inserted by No. 76 of 2009, s. 13, Applied:11 Dec 2009\\]*](/view/html/inforce/2009-12-11/act-2009-076#GS13@EN)\n> \n> > (1)  In relation to persons in custody who have been transferred in accordance with [section 16(2)(c)](#GS16@Gs2@Hpc@EN) , a correctional officer at a reception prison must ensure that all persons so transferred are treated in accordance with any correctional standing orders referred to in [subsection (2)](#GS17@Gs2@EN) .\n> \n> > (2)  The Director of Corrective Services, within the meaning of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) , may make correctional standing orders in respect of the welfare, protection and management of persons in custody who have been transferred in accordance with [section 16(2)(c)](#GS16@Gs2@Hpc@EN) .\n> \n> > (3)  [Section 26(3) of the](/view/html/inforce/2026-04-12/act-1997-051#GS26@Gs3@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) does not apply to a correctional officer who has custody of a person by virtue of [section 16(2)(c)](#GS16@Gs2@Hpc@EN) .\n> \n> > (4)  If a request has been made by a police officer or a custody officer, the correctional officer who has custody of a person by virtue of [section 16(2)(c)](#GS16@Gs2@Hpc@EN) is to transfer or permit the transfer of that person to –\n> > \n> > > > (a) a police officer referred to in [section 16(2)(a)](#GS16@Gs2@Hpa@EN) or [(b)](#GS16@Gs2@Hpb@EN) ; or\n> > > \n> > > > (b) the custody officer making the request.\n> \n> > (5)  In this section –\n> > \n> > > ***correctional standing orders*** means standing orders under [section 6(3) of the](/view/html/inforce/2026-04-12/act-1997-051#GS6@Gs3@EN) [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) .","sortOrder":16},{"sectionNumber":"18.","sectionType":"section","heading":null,"content":"### 18.\n\n[Criminal Code](/view/html/inforce/2026-04-12/act-1924-069)","sortOrder":17},{"sectionNumber":"19.","sectionType":"section","heading":null,"content":"### 19.\n\n[Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044)","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Administration of Act","content":"### 20 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice; and\n> > \n> > > (b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.","sortOrder":19}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":11,"completionTokens":2306},"content_quality":"ok","complexity_score":6,"rejection_reason":"","scope_assessment":{"changed":true,"description":"The Act has grown beyond its original purpose of regulating police detention and interrogation. It now includes a dedicated regime for holding intoxicated persons for their own safety (added 2018), provisions for transferring detainees into the custody of correctional officers at designated reception prisons (added 2009), accommodations for witness intermediaries for vulnerable witnesses (added 2023), and specific exclusions for marine safety alcohol offences alongside road safety offences."},"complexity_factors":["Cross-references to at least 7 other Tasmanian Acts (Justices Act 1959, Corrections Act 1997, Road Safety (Alcohol and Drugs) Act 1970, Marine Safety (Misuse of Alcohol) Act 2006, Evidence (Children and Special Witnesses) Act 2001, Criminal Code, Administrative Arrangements Act 1990)","Inline amendment history spanning from 1999 to 2023, creating layered and occasionally disjointed text (e.g., repealed and re-inserted subsections in section 4)","13 enumerated factors in section 4(4) for determining 'reasonable time', creating dense conditional logic for detention length","Intoxication detention regime with cascading conditions, an 8-hour default limit, and a 4-hour extension mechanism requiring a commissioned officer's belief","Multiple carve-outs and exceptions: interpreter and communication rights do not apply to specific road and marine safety alcohol offences; custody officer independence has exceptions for identification and alcohol testing","Telephone order procedure in section 7 with parallel record-keeping duties for both magistrates and police"],"plain_english_summary":"**What this Act does**\n\nThis is the main Tasmanian law that governs how police can hold and question people who have been arrested. It sets strict time limits and procedures to make sure people in custody are treated fairly, while still allowing police to properly investigate crimes.\n\n**Key rules and protections**\n\n* **Bring before a court quickly:** Anyone arrested must be taken before a magistrate or justice as soon as practicable, unless they are released first.\n* **Reasonable time for questioning:** Police can hold someone for a \"reasonable time\" after arrest to question them and carry out investigations. What is \"reasonable\" depends on things like how complex the offence is, travel time, how long it takes for a lawyer to arrive, medical needs, rest breaks, and whether the person is intoxicated or unwell.\n* **Intoxication detention:** If police reasonably believe someone is drunk or drug-affected and likely to hurt themselves, others, or property, they can be held until they sober up or can be safely released into someone else’s care. There is a default 8-hour limit for this, which a senior officer can extend by another 4 hours.\n* **Right to an interpreter:** If a person in custody does not understand English well enough, police must arrange an interpreter before questioning starts. This does not apply to certain road and marine alcohol/drug testing offences.\n* **Right to contact someone:** Before questioning, police must tell a person in custody that they may contact a friend or relative (to let them know where they are) and a lawyer. Questioning must be paused to allow this. However, a police officer can deny these communications for up to 4 hours if they reasonably believe it could lead to an accomplice escaping or evidence being destroyed, or if delay is urgent for public safety. A magistrate can extend this denial further, and the application can even be made by telephone in urgent cases.\n* **Right to silence:** The Act explicitly says it does not take away a person’s right to refuse to answer questions. It also does not affect a court’s power to throw out evidence that was obtained unfairly, illegally, or improperly.\n* **No detention without arrest:** Police cannot use this Act to hold someone against their will if that person has not been arrested.\n* **Custody officers and records:** The Police Commissioner must designate specific police stations for holding arrested people and appoint custody officers to look after them. Custody officers must be independent of the investigation (where possible) and must keep detailed written records of when a person arrives, why they are being held, when questioning starts and stops, and any transfers.\n* **Transfers to prison:** A person in custody can be transferred to a correctional officer at a reception prison (Hobart or Launceston area), and those officers then take over welfare duties under their own standing orders.\n\n**Why it matters**\n\nThis law sits at the intersection of police powers and personal liberty. It tries to stop people from being held arbitrarily by making police justify the length of detention, keep transparent records, and respect basic rights like contacting a lawyer. At the same time, it gives police practical tools to manage intoxicated people and conduct proper investigations."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available metadata alone, there is insufficient information to determine whether the scope of the Act has changed from its original 1995 intent. The existence of amending instruments suggests modifications have been made over time, but without the full text of both the original and amended versions, no reliable scope-change assessment can be made."},"complexity_factors":["Intersects with constitutional rights and common law protections, requiring knowledge of multiple legal frameworks","Likely contains detailed procedural requirements for police with strict compliance obligations","Protections for vulnerable cohorts (minors, people with disability, Indigenous Australians) typically add layered obligations","Has been amended multiple times since 1995, meaning current obligations may differ significantly from the original Act","Interacts with other Tasmanian and Commonwealth laws (e.g., Evidence Act, Police Offences Act)","Incomplete legislative text provided — full complexity cannot be assessed without operative provisions","Balances competing interests: law enforcement powers vs. individual civil liberties, which courts interpret carefully"],"plain_english_summary":"## Criminal Law (Detention and Interrogation) Act 1995 (Tasmania)\n\n**What this law is about:**\nThis is a Tasmanian law that governs how police can **detain and question (interrogate) people** who have been arrested or are suspected of committing a crime.\n\n**Who it affects:**\n- Anyone arrested or detained by Tasmanian police\n- Police officers conducting investigations and interviews\n- Lawyers representing people in custody\n\n**Why it matters:**\nLaws like this typically set out important protections for people in police custody, including:\n- **How long police can hold you** before charging you or releasing you\n- **Your right to remain silent** (you don't have to answer questions)\n- **Your right to contact a lawyer** before being questioned\n- **Rules about how questioning must be conducted** (e.g., recording requirements)\n- **Protections for vulnerable people** such as children or those with a disability\n\n**Important limitation:** The text provided contains only the metadata and status information for this Act — the actual operative provisions (the rules themselves) were not included in the supplied text. A full analysis of specific rights and obligations cannot be provided without the complete Act text.\n\n**Bottom line:** If you are ever arrested in Tasmania, this Act is the key law determining how police must treat you while you are in their custody and being questioned."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been altered by later insertions and amendments shown in the text. Notable scope changes in the supplied text include: (a) expanded express detention provisions for intoxicated persons and time limits/extensions (s 4(2)(ab), s 4(5)–(7) — inserted/amended 2018); (b) explicit power to transfer detained persons to correctional custody and related duties and standing orders for correctional officers (s 16(2)(c); s 17 — inserted/amended 2009); (c) changes to interpreter and communication exceptions for specified road and marine safety offences (s 5(2), s 6(8) — substituted 2006); and (d) later minor amendments referenced in the text (e.g. 2020, 2023 amendments noted) that adjust factors or procedural detail. These insertions broaden or specify detention, transfer and administrative procedures compared with earlier provisions reflected in the Act text, shifting responsibilities among police, custody officers, magistrates and corrective services (see ss 4, 6, 16–17)."},"complexity_factors":["Multiple cross-references to other Acts (Criminal Code, Justices Act, Corrections Act, Road Safety and Marine Safety Acts) requiring readers to consult several instruments (see s 3 definitions, ss 4, 5, 6, 17).","Numerous amendments and inserted subsections over time (noted in the text) create layered exceptions and added procedures (e.g. s 4(2)(ab), s 4(5)–(7), s 16(2)(c), s 17), increasing interpretive complexity.","Wide discretionary standards requiring fact-based judgments by police and magistrates: \"reasonable time\", \"reasonable grounds\", and commissioned officer determinations (ss 4(2), 4(4), 6(3), 6(6), 7(3)).","Multiple procedural paths and exceptions (e.g. interpreter requirement but specific offence exceptions in s 5(2); communication rights but time-limited denial power in s 6(3) and magistrate extensions in s 6(4)–(6)).","Detailed administrative and recordkeeping obligations (s 15) that must be applied contemporaneously where practicable, increasing operational complexity.","Interplay between police custody and correctional custody, with transfer rules and separate standing orders (ss 16–17) requiring coordination across agencies.","Alternative authorisation modes (in-person magistrate application vs telephone orders) with their own procedural safeguards and record requirements (s 7)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\n- Mechanically, the Act sets rules for how and where police may hold and question people who are under arrest, what procedural safeguards those people have while in custody, and how custody is recorded and managed (see sections 4, 5, 6, 12–17). It also gives the Commissioner of Police responsibilities for designating stations and issuing standing orders (s 12, s 13).  \n\n- Who it affects: people taken into custody (including those arrested under warrant or under the Criminal Code) (s 3(2), s 4); police officers and custody officers who detain and question them (ss 4, 14–16); magistrates who may grant orders about communications (s 6); correctional officers and the Director of Corrective Services when persons are transferred to reception prisons (ss 16(2)(c), 17); and legal practitioners, interpreters and persons (friends/relatives) the detainee may want to contact (ss 5, 6).  \n\n- Key operational rules (mechanics):  \n  - A person taken into custody must be brought before a magistrate or justice as soon as practicable unless released or admitted to bail or otherwise dealt with under the Act (s 4(1), s 4(3)).  \n  - Police may detain a person for a \"reasonable time\" for questioning and investigation; the Act lists factors to decide what is reasonable (s 4(2)(a), s 4(4)).  \n  - Specific rules allow temporary detention of an intoxicated person until they can be safely released or bailed, and set maximum hold periods with limited extensions (s 4(2)(ab), s 4(5)–(7)).  \n  - If the detainee lacks sufficient English, questioning must be deferred until a competent interpreter is arranged, except for specified road and marine safety offences (s 5).  \n  - Before questioning starts, the detainee must be told they may contact a friend/relative and a legal practitioner; questioning must be deferred to allow reasonable attempts to communicate (s 6(1)–(2)).  \n  - For adults, a police officer may deny communication for up to 4 hours where there are reasonable grounds (escape, evidence destruction, or urgent safety needs); police can apply to a magistrate to extend that denial (s 6(3)–(6)). Telephone applications to magistrates are allowed in certain circumstances, with recordkeeping obligations (s 7).  \n  - Designated police stations and custody officers must be appointed and custody must be documented: arrival time, grounds for detention, interrogation start/end times, transfers, and denials of communication (ss 13–15).  \n  - The Commissioner and, for transferred detainees, the Director of Corrective Services, set standing orders/correctional standing orders governing treatment and management (ss 12, 17(2)).  \n  - The Act expressly preserves the detainee's common-law and statutory protections — e.g. right to silence, prosecution's onus to prove voluntariness of statements, and court discretion to exclude unfairly or illegally obtained evidence (s 9).  \n\n- Stated purpose-claims and how the mechanisms test them:  \n  - The Act’s mechanisms operate to give police time and procedural flexibility to investigate while recording processes intended to protect detainees’ rights (see s 4(2)–(4), s 15). If the stated purpose is balancing prompt investigation with procedural safeguards, the Act does that by: (a) allowing detention for a \"reasonable time\" with a non‑exhaustive list of factors to guide reasonableness (s 4(4)); (b) requiring interpreter presence where needed (s 5) and informing detainees of communication rights (s 6); and (c) mandating custody records (s 15).  \n  - Trade-offs and costs implicit in these mechanics: recordkeeping, magistrate time and administrative steps create measurable compliance costs for police and courts (s 15; magistrate applications under s 6(4)–(6)); arranging interpreters and transport can delay investigations and require staffing/resources (ss 4(4)(b), 4(4)(c), 5). Allowing limited detention for intoxicated persons (s 4(2)(ab), s 4(6)–(7)) reduces immediate release risk but increases short-term custodial demand and potential costs for police or health/charitable facilities if detainees require care (s 4(5)(b)–(c)).  \n\n- Who pays, who decides, and how behaviour is likely to change (plainly):  \n  - Who pays: policing agencies and courts bear the administrative and custody costs (ss 12–16); correctional facilities absorb costs when detainees are transferred to reception prisons (ss 16(2)(c), 17). Private lawyers and interpreters bear their own costs when contacted; private hospitals or charitable institutions may incur costs if they accept custody of intoxicated persons (s 4(5)(b)–(c)).  \n  - Who decides: police officers (including commissioned officers) exercise initial detention discretion and may decide to deny communications on reasonable grounds (ss 4(2), 6(3)); custody officers enforce station practices and recordkeeping (ss 14, 15, 16); the Commissioner designates stations and issues standing orders (ss 12–13); magistrates review and may extend communication-denial orders, including by telephone in certain cases (ss 6(4)–(6), 7). The Director of Corrective Services issues correctional standing orders for transferred detainees (s 17(2)).  \n  - Behaviour changes: police gain clearer authority to detain for investigation and to manage intoxicated detainees within specified time limits (s 4); they must pause questioning for interpreters (s 5) and to allow detainees to attempt to contact legal advisers/friends (s 6), except where limited by reasonable‑grounds denials (s 6(3)). Custody officers will document detention and interrogation steps (s 15), and Commissioners/Directors will set operational rules (ss 12, 17).  \n\n- Effects on private enterprise and civil liberties (concise market-liberal lens):  \n  - Direct effect on private enterprise is minimal: the Act is procedural criminal law and does not regulate markets, prices, ownership or general business activities. Any market effects are indirect and small — for example, private legal practitioners and interpreter services may see demand from detained clients (s 5, s 6).  \n  - On civil liberties: the Act preserves core legal protections (right to silence; courts retain discretion to exclude unfair/illegally obtained evidence) but also creates operational allowances for limited, justified restrictions on a detainee's communication (s 9; s 6(3)–(6)). The principal control points are the \"reasonable grounds\" tests given to police and the magistrate review process (ss 4(2)(ab), 6(3)–(6)).  \n\n- Implementation risk and incentives:  \n  - The Act decentralises important discretionary judgements to police (what is a reasonable time; reasonable grounds to deny communications) and to custody officers (recording and transfer decisions), creating reliance on individual judgement and standing orders for consistency (ss 4(2), 6(3), 14–16, 12).  \n  - Compliance burden is concrete and enforceable: contemporaneous recording duties and transfer acknowledgements (s 15(2)–(7)) create audit trails but require staff time and systems. Magistrate telephone orders require written records from magistrates and police (s 7(4)–(5)).\n\n- Concentrated benefits and diffuse costs (mechanism-based):  \n  - Concentrated benefits accrue to investigators who receive clearer authority and short additional detention options (ss 4, 6).  \n  - Diffuse costs fall on policing budgets, courts (magistrate time), custodial infrastructure, and, to a small extent, health/charitable facilities asked to care temporarily for intoxicated detainees (s 4(5)).\n\n- Net description: the Act creates a framework for detention, interrogation and custodial management that grants police specific procedural powers and duties, builds in limits and judicial oversight for denying communication, requires recordkeeping and station standards, and allows transfers to reception prisons under correctional standing orders. The text balances police investigatory tools with administrative safeguards and magistrate oversight; the practical effects depend on how the discretionary tests and standing orders are applied in practice (see ss 4, 5, 6, 12–17)."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-law-detention-and-interrogation-act-1995","history":"/api/acts/criminal-law-detention-and-interrogation-act-1995/history","analysis":"/api/acts/criminal-law-detention-and-interrogation-act-1995/analysis","conflicts":"/api/acts/criminal-law-detention-and-interrogation-act-1995/conflicts","importantCases":"/api/acts/criminal-law-detention-and-interrogation-act-1995/important-cases","documents":"/api/acts/criminal-law-detention-and-interrogation-act-1995/documents"}}