34AProcedure on arrest

### 34A Procedure on arrest > *\[Section 34A Inserted by No. 108 of 1974, s. 9 \]**\[Section 34A Amended by No. 21 of 1992, s. 5 \]**\[Section 34A Amended by No. 64 of 1994, s. 5 \]**\[Section 34A Amended by No. 10 of 1994, sched. 2 \]**\[Section 34A Substituted by No. 50 of 1995, s. 6 \]* > > > (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](/view/html/inforce/2026-04-12/act-1994-009#GS5@Gs5A@EN) [Bail Act 1994](/view/html/inforce/2026-04-12/act-1994-009) 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) [*\[Section 34A Subsection (1) amended by No. 22 of 2007, s. 6, Applied:01 Feb 2008\]*](/view/html/inforce/2008-02-01/act-2007-022#GS6@EN) if there is, the justice must, except in a case to which [section 70(2)](#GS70@Gs2@EN) applies, proceed as provided in [section 35](#GS35@EN) . > > > (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](#HPXA@EN) . > > > (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](#HPXA@EN) , 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](#GS35@EN) ; or > > > > > > > > > > > (ii) make an interim restraint order under [section 106D](#GS106D@EN) 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](#HPXA@EN) ; or > > > > > > > (b) who, after having been taken into custody as specified in [paragraph (a)](#GS34A@Gs4@Hpa@EN) and released on bail under [section 34](#GS34@EN) , is taken into custody under [section 5 (5A) of the](/view/html/inforce/2026-04-12/act-1994-009#GS5@Gs5A@EN) [Bail Act 1994](/view/html/inforce/2026-04-12/act-1994-009) .