NTIn ForceAct
Police Administration Act 1978
138Determining reasonable period to hold person in custody
Start here
Get a plain-English read of 138
Turn the raw legal text into a practical explanation grounded in Police Administration Act 1978.
138 Determining reasonable period to hold person in custody
In determining what is a reasonable period for the purposes of
section 137(2), but without limiting the discretion of the court, the
court considering the question must, so far as it is relevant, take
into account:
(a) the time taken for investigators with knowledge of or
responsibility for the matter to attend to interview the person;
(b) the number and complexity of matters to be investigated;
(c) the time taken to interview available witnesses;
(d) the need of investigators to assess relevant material in
preparation for interviewing the person;
(e) the need to transport the person from the place of detention to
a place where appropriate facilities were available to conduct
an interview or other investigation;
(f) the number of people who need to be questioned during the
period of detention in respect of any offence reasonably
believed to have been committed by the person;
(g) the need to visit the place where any offence under
investigation is believed to have been committed or any other
place reasonably connected with the investigation of any such
offence;
(h) the time taken to communicate with a legal adviser, friend or
relative of the detained person;
(j) the time taken by a legal adviser, friend or relative of the
person or an interpreter to arrive at the place where the
questioning or the investigation took place;
(k) the time taken in awaiting the completion of forensic
investigations or procedures;
Police Administration Act 1978 124
(m) the time during which the investigation or questioning of the
person was suspended or delayed to allow the person to
receive medical attention;
(n) the time taken by any examination of the person in pursuance
of section 145;
(p) the time the person in custody has been in the company of
police prior to and after the commencement of custody;
(q) the time during which the investigation or questioning of the
person was suspended or delayed:
(i) to allow the person to rest; or
(ii) because of the intoxication of the person;
(r) the time taken to arrange and conduct an identification
parade;
(s) the time taken for an operating electronic recording facility to
become available to record the interviewing of the person; and
(t) any interruptions to the electronic recording of the interviewing
of the person because of technical reasons (such as a
breakdown in equipment or a power failure) beyond the
control of the interviewing member.