4Detention of person in custody

### 4 Detention of person in custody > > (1)  [*\[Section 4 Subsection (1) amended by No. 19 of 2020, s. 6, Applied:22 Aug 2022\]*](/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) . > > > (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) [*\[Section 4 Subsection (2) amended by No. 29 of 2018, s. 23, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-029#GS23@Hpb@EN) 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)](#GS4@Gs5@EN) ; 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)](#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) . > > > (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: > > > > > > (a) the number and complexity of the offences to be investigated; > > > > > > > (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; > > > > > > > (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; > > > > > > > (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; > > > > > > > (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; > > > > > > > (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; > > > > > > > (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; > > > > > > > (h) any time during which the questioning or investigation of the person is suspended or delayed to allow the person to receive medical attention; > > > > > > > (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; > > > > > > > (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; > > > > > > > (j) the period of time when the person cannot be questioned because of his or her intoxication, illness or other physical condition; > > > > > > > (k) the need to detain the person whilst an identification parade is being arranged or conducted; > > > > > > > (l) the need to detain the person whilst searches or forensic examinations are carried out; > > > > > > > (m) any other matters reasonably connected with the investigation of the offence. > > > (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 – > > > > > > (a) is no longer intoxicated; or > > > > > > > (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 > > > > > > > (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 > > > > > > > (d) although still intoxicated – > > > > > > > > > > (i) is not likely to cause injury to himself, herself or another person; and > > > > > > > > > > > (ii) is not likely to damage property; and > > > > > > > > > > > (iii) is capable of protecting himself or herself from physical harm. > > > (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) . > > > (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 – > > > > > > (a) the 8-hour period referred to in [subsection (6)](#GS4@Gs6@EN) is close to expiration; and > > > > > > > (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 – > > > > 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) .