Law Enforcement (Powers and Responsibilities) Act 2002
131Custody records to be maintained
Start here
Get a plain-English read of 131
Turn the raw legal text into a practical explanation grounded in Law Enforcement (Powers and Responsibilities) Act 2002.
131 Custody records to be maintained
131 Custody records to be maintained
(cf Crimes Act 1900, s 356V)
(1) The custody manager for a detained person or protected suspect must open a custody record in the form prescribed by the regulations for the person.
(2) The custody manager must record the following particulars in the custody record for the person—
(a) the date and time—
(i) the person arrived at the police station or other place where the custody manager is located, and
(ii) the person came into the custody manager’s custody,
(b) the name and rank of the arresting officer and any accompanying officers,
(c) the grounds for the person’s detention,
(d) details of any property taken from the person,
(e) if the person participates in any investigative procedure, the time the investigative procedure started and ended,
(f) details of any period of time that is not to be taken into account under section 117,
(g) if the person is denied any rights under this Part, the reason for the denial of those rights and the time when the person was denied those rights,
(h) the date and time of, and reason for, the transfer of the person to the custody of another police officer,
(i) details of any application for a detention warrant and the result of any such application,
(j) if a detention warrant is issued in respect of the person, the date and time a copy of the warrant was given to the person and the person was informed of the nature of the warrant and its effect,
(k) the date and time the person is released from detention,
(l) any other particulars prescribed by the regulations.
(3) The custody manager is responsible for the accuracy and completeness of the custody record for the person and must ensure that the custody record (or a copy of it) accompanies the person if the person is transferred to another location for detention.