NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
131Custody records to be maintained
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#### 131 Custody records to be maintained
131 Custody records to be maintained
(cf [Crimes Act 1900](/view/html/inforce/current/act-1900-040), 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.
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> > (2) The custody manager must record the following particulars in the custody record for the person—
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> > > (a) the date and time—
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> > > > (i) the person arrived at the police station or other place where the custody manager is located, and
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> > > > (ii) the person came into the custody manager’s custody,
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> > > (b) the name and rank of the arresting officer and any accompanying officers,
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> > > (c) the grounds for the person’s detention,
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> > > (d) details of any property taken from the person,
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> > > (e) if the person participates in any investigative procedure, the time the investigative procedure started and ended,
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> > > (f) details of any period of time that is not to be taken into account under section 117,
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> > > (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,
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> > > (h) the date and time of, and reason for, the transfer of the person to the custody of another police officer,
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> > > (i) details of any application for a detention warrant and the result of any such application,
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> > > (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,
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> > > (k) the date and time the person is released from detention,
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> > > (l) any other particulars prescribed by the regulations.
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> > (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.
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> > (4) The recording of any matters referred to in this section must be made contemporaneously with the matter recorded in so far as it is practicable to do so.
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> > (5) As soon as practicable after the person is released or taken before a Judge of the Local Court or authorised officer or court, the custody manager must ensure that a copy of the person’s custody record is given to the person.
>
> **s 131:** Am 2014 No 31, Sch 1 \[19\]; 2025 No 61, Sch 2.58\[4\].