16Duties of custody officer in relation to persons in custody

### 16 Duties of custody officer in relation to persons in custody > > (1)  Subject to [subsection (2)](#GS16@Gs2@EN) , the custody officer at a police station must ensure – > > > > > > (a) that all persons in custody at that station are treated in accordance with this Act and any standing orders; and > > > > > > > (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. > > > (2)  A custody officer may transfer or permit the transfer of a person in custody – > > > > > > (a) to the custody of a police officer investigating the offence for which the person is in custody; or > > > > > > > (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 > > > > > > > (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. > > > (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) . > > > (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 – > > > > > > (a) is to record the transfer as if it were a transfer to another custody officer under [section 15](#GS15@EN) ; and > > > > > > > (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) .