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 Bail Act 1994 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] if there is, the justice must, except in a case to which section 70(2) applies, proceed as provided in section 35 .

(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 .

(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 , 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 ; or

(ii) make an interim restraint order under notwithstanding that the justice is acting alone in making that order.