133Application to member for release

133 Application to member for release (1) A person apprehended under section 128 may, at any time after such apprehension, request a member to take him before a court of competent jurisdiction in order that the person may make an application to the court for his release. (2) Where a request is made of a member under subsection (1) he shall, if it is reasonably practicable for the person to be brought before the court forthwith, bring the person, or cause the person to be brought, before the court forthwith unless sooner released. Note for subsection (2) Section 49E(8) of the Evidence Act 1939 provides that a requirement that a person be before a court is taken to be satisfied if the person is before the court by way of a communication link in accordance with Part 5, Division 2 of that Act. Division 4AA Taking person into custody for infringement notice offence 133AA Definition infringement notice offence means an offence under this Act or another Act for which an infringement notice may be served and which is prescribed for this Division by regulation. 133AB Taking person into custody for infringement notice offence (1) This section applies if: (a) a member of the Police Force has arrested a person without a warrant under section 123; and (b) the person was arrested because the member believed on reasonable grounds that the person had committed, was committing or was about to commit, an offence that is an infringement notice offence. (2) The member may take the person into custody and: (a) hold the person for a period up to 4 hours; or (b) if the person is intoxicated – hold the person for a period longer than 4 hours until the member believes on reasonable grounds that the person is no longer intoxicated. Division 4AA Taking person into custody for infringement notice offence Police Administration Act 1978 108 (3) The member, or any other member, on the expiry of the period mentioned in subsection (2), may: (a) release the person unconditionally; or (b) release the person and issue the person with an infringement notice in relation to the infringement notice offence; or (c) release the person on bail; or (d) under section 137, bring the person before a justice of the peace or court for the infringement notice offence or another offence allegedly committed by the person. (4) For deciding how to deal with the person under subsection (3), the member, or another member, may question the person about the infringement notice offence, or any other offence in relation to which the person is of interest to police. 133AC When person taken into custody (1) A member of the Police Force who takes a person into custody under section 133AB, or another member, must establish the person's identity by taking and recording the person's name and further information relevant to the person's identification, including photographs, fingerprints and other biometric identifiers. (2) A member who takes a person into custody under section 133AB may: (a) search the person or cause the person to be searched; and (b) remove, or cause to be removed, from the person for safekeeping: (i) any money or valuables; and (ii) any item that is likely to cause harm to the person or another person; and (iii) any item that could be used by the person or another person to cause harm to the person or another person. (3) Any item removed from a person under subsection (2)(b): (a) must be recorded in a register kept for that purpose; and (b) must be returned to the person on the person being released from custody. Police Administration Act 1978 109 (4) Subsection (3)(b) does not apply if possession of the item by the person would be unlawful. (5) The person must acknowledge receipt of any items returned under subsection (3)(b) by signing or making a mark in the register. (6) For subsection (2)(a), a search of a female may only be carried out: (a) by a female member of the Police Force; or (b) if a female member of the Police Force is not available, a female authorised by a member to carry out the search. (7) A member, or a person authorised under subsection (6)(b), may use the force that is reasonably necessary to exercise a power (8) A person authorised under subsection (6)(b) to carry out a search of a female has, for that search, the same powers and protections as a member.