4Detention of person in custody

4 Detention of person in custody

(1)  [Section 4 Subsection (1) amended by No. 19 of 2020, s. 6, Applied:22 Aug 2022] [Section 4 Subsection (1) amended by No. 29 of 2018, s. 23, Applied:10 Dec 2018] Subject to subsection (2) , 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) or subsection (5) or under section 34 of the Justices Act 1959 .

(2)  Every person who has been taken into custody may be detained by a police officer –

(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

(ab) [Section 4 Subsection (2) amended by No. 29 of 2018, s. 23, Applied:10 Dec 2018] if the police officer believes on reasonable grounds that the person –

(i) is under the influence of alcohol, another drug or a combination of drugs (in this section referred to as being intoxicated); and

(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 –

until the person may be released under subsection (5) ; and

(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.

(3)  Where the reasonable time referred to in subsection (2) (a) expires, the person in custody may be admitted to bail by a person mentioned in .