sec.393Duty of police officer after arrest etc. of person

### sec.393 Duty of police officer after arrest etc. of person If a police officer does any of the following, the police officer must, as soon as reasonably practicable, take the person before a court to be dealt with according to law— arrests a person, without warrant, for an offence; arrests a person under a warrant for an offence, whether under this or another Act; arrests a person under section 367 or 368 ; receives into custody a person who is arrested or detained by someone other than a police officer. Subsection (1) does not apply if the person— is released under part 4 ; or is being detained under chapter 15 for an indictable offence; or is being detained under the Road Use Management Act , section 80 ; or is arrested under a warrant that requires the police officer to take the person before another body or to another place; or is delivered into the custody of a watch-house manager or the officer in charge of a police establishment; or is arrested under section 365 (2) and is later released under section 376 without having been charged with the offence for which the person was arrested; or is delivered into the custody of a police officer following a detention under the Transport Operations (Passenger Transport) Act 1994 , chapter 11 , part 4A , and is released by the police officer without having been charged with an offence. A warrant under the Commissions of Inquiry Act 1950 may require that a person be apprehended to enable the person to be brought before a commission of inquiry to give evidence. Also, subsection (1) does not prevent a police officer— if the person is a prisoner under the Corrective Services Act 2006 —taking the person to a prison or to a watch-house until the person can be conveniently taken to a prison; or if the person escaped from lawful custody while a prisoner of a court—taking the person to a police station or watch-house until the person can be conveniently returned to the custody of the proper officer of the relevant court. s 393 (prev s 187) amd 2000 No. 22 s 3 sch renum 2000 No. 22 s 11 amd 2000 No. 63 s 276 sch 2 ; 2003 No. 19 s 3 sch ; 2006 No. 26 s 46 ; 2006 No. 29 s 511 ; 2008 No. 67 s 235 (sec.393-ssec.1) If a police officer does any of the following, the police officer must, as soon as reasonably practicable, take the person before a court to be dealt with according to law— arrests a person, without warrant, for an offence; arrests a person under a warrant for an offence, whether under this or another Act; arrests a person under section 367 or 368 ; receives into custody a person who is arrested or detained by someone other than a police officer. (sec.393-ssec.2) Subsection (1) does not apply if the person— is released under part 4 ; or is being detained under chapter 15 for an indictable offence; or is being detained under the Road Use Management Act , section 80 ; or is arrested under a warrant that requires the police officer to take the person before another body or to another place; or is delivered into the custody of a watch-house manager or the officer in charge of a police establishment; or is arrested under section 365 (2) and is later released under section 376 without having been charged with the offence for which the person was arrested; or is delivered into the custody of a police officer following a detention under the Transport Operations (Passenger Transport) Act 1994 , chapter 11 , part 4A , and is released by the police officer without having been charged with an offence. A warrant under the Commissions of Inquiry Act 1950 may require that a person be apprehended to enable the person to be brought before a commission of inquiry to give evidence. (sec.393-ssec.3) Also, subsection (1) does not prevent a police officer— if the person is a prisoner under the Corrective Services Act 2006 —taking the person to a prison or to a watch-house until the person can be conveniently taken to a prison; or if the person escaped from lawful custody while a prisoner of a court—taking the person to a police station or watch-house until the person can be conveniently returned to the custody of the proper officer of the relevant court. - (a) arrests a person, without warrant, for an offence; - (b) arrests a person under a warrant for an offence, whether under this or another Act; - (c) arrests a person under section 367 or 368 ; - (d) receives into custody a person who is arrested or detained by someone other than a police officer. - (a) is released under part 4 ; or - (b) is being detained under chapter 15 for an indictable offence; or - (c) is being detained under the Road Use Management Act , section 80 ; or - (d) is arrested under a warrant that requires the police officer to take the person before another body or to another place; or - (e) is delivered into the custody of a watch-house manager or the officer in charge of a police establishment; or - (f) is arrested under section 365 (2) and is later released under section 376 without having been charged with the offence for which the person was arrested; or - (g) is delivered into the custody of a police officer following a detention under the Transport Operations (Passenger Transport) Act 1994 , chapter 11 , part 4A , and is released by the police officer without having been charged with an offence. - (a) if the person is a prisoner under the Corrective Services Act 2006 —taking the person to a prison or to a watch-house until the person can be conveniently taken to a prison; or - (b) if the person escaped from lawful custody while a prisoner of a court—taking the person to a police station or watch-house until the person can be conveniently returned to the custody of the proper officer of the relevant court.