NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
118Detention warrant to extend investigation period
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#### 118 Detention warrant to extend investigation period
118 Detention warrant to extend investigation period
(cf [Crimes Act 1900](/view/html/inforce/current/act-1900-040), s 356G)
> > (1) A police officer may, before the end of the investigation period, apply to an authorised officer for a warrant to extend the maximum investigation period beyond 6 hours.
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> > (2) The person to whom an application for a detention warrant relates, or the person’s legal representative, may make representations to the authorised officer about the application.
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> > (3) The authorised officer may issue a warrant that extends the maximum investigation period by up to 6 hours.
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> > (4) The maximum investigation period cannot be extended more than once.
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> > (4A) When determining an application for a detention warrant, the authorised officer is to take into account any period for which the person to whom the application relates was a protected suspect in relation to the investigation.
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> > (5) An authorised officer must not issue a warrant to extend the maximum investigation period unless satisfied that—
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> > > (a) the investigation is being conducted diligently and without delay, and
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> > > (b) a further period of detention of the person to whom the application relates is reasonably necessary to complete the investigation, and
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> > > (c) there is no reasonable alternative means of completing the investigation otherwise than by the continued detention of the person, and
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> > > (d) circumstances exist in the matter that make it impracticable for the investigation to be completed within the 6-hour period.
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> > (6) As soon as reasonably practicable after a detention warrant is issued, the custody manager for the person to whom the warrant relates—
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> > > (a) must give the person a copy of the warrant, and
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> > > (b) must orally inform the person of the nature of the warrant and its effect.
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> **s 118:** Am 2014 No 31, Sch 1 \[11\]–\[14\].