sec.398Application of pt 2

### sec.398 Application of pt 2 This part applies only to a person who— is lawfully arrested for an indictable offence, including if the person is arrested under section 365 (2) for questioning the person about the offence or investigating the offence; or is in lawful custody for a charge of an offence that has not been decided; or is in lawful custody under a sentence for a term of imprisonment or, for a child, a detention order. The person may be in lawful custody because bail has been refused or revoked or a condition of bail is contravened. The person is to be released on bail and may be in lawful custody pending the fulfilment of a bail condition. s 398 (prev s 192) renum 2000 No. 22 s 13 amd 2006 No. 26 s 47 ; 2007 No. 1 s 11 sch 1 - (a) is lawfully arrested for an indictable offence, including if the person is arrested under section 365 (2) for questioning the person about the offence or investigating the offence; or - (b) is in lawful custody for a charge of an offence that has not been decided; or - (c) is in lawful custody under a sentence for a term of imprisonment or, for a child, a detention order. Examples for paragraph (b) — 1 The person may be in lawful custody because bail has been refused or revoked or a condition of bail is contravened. 2 The person is to be released on bail and may be in lawful custody pending the fulfilment of a bail condition. - 1 The person may be in lawful custody because bail has been refused or revoked or a condition of bail is contravened. - 2 The person is to be released on bail and may be in lawful custody pending the fulfilment of a bail condition. - 1 The person may be in lawful custody because bail has been refused or revoked or a condition of bail is contravened. - 2 The person is to be released on bail and may be in lawful custody pending the fulfilment of a bail condition.