sec.404What is a reasonable time to detain a person for questioning or investigation

### sec.404 What is a reasonable time to detain a person for questioning or investigation The following must be taken into consideration when deciding what is a reasonable time to detain a person under section 403 — whether the person’s detention is necessary for the investigation of an indictable offence; the number of indictable offences under investigation; the seriousness and complexity of an indictable offence under investigation; whether the person has indicated a willingness to make a statement or to answer questions; the person’s age, physical capacity and condition, and mental capacity and condition; for a person arrested—any time spent questioning the person before the arrest; the need to delay or suspend questioning of the person for time out purposes. If the person decides not to answer questions or not to continue answering questions, continuing the detention period may not be reasonable unless— it is necessary to carry out further investigations; or the person consents, or another authority requires the person, to participate in an investigative procedure. The person consents to taking part in an identification parade. A magistrate orders a medical examination involving the person. s 404 (prev s 198) amd 2000 No. 22 s 3 sch renum 2000 No. 22 s 13 (sec.404-ssec.1) The following must be taken into consideration when deciding what is a reasonable time to detain a person under section 403 — whether the person’s detention is necessary for the investigation of an indictable offence; the number of indictable offences under investigation; the seriousness and complexity of an indictable offence under investigation; whether the person has indicated a willingness to make a statement or to answer questions; the person’s age, physical capacity and condition, and mental capacity and condition; for a person arrested—any time spent questioning the person before the arrest; the need to delay or suspend questioning of the person for time out purposes. (sec.404-ssec.2) If the person decides not to answer questions or not to continue answering questions, continuing the detention period may not be reasonable unless— it is necessary to carry out further investigations; or the person consents, or another authority requires the person, to participate in an investigative procedure. The person consents to taking part in an identification parade. A magistrate orders a medical examination involving the person. - (a) whether the person’s detention is necessary for the investigation of an indictable offence; - (b) the number of indictable offences under investigation; - (c) the seriousness and complexity of an indictable offence under investigation; - (d) whether the person has indicated a willingness to make a statement or to answer questions; - (e) the person’s age, physical capacity and condition, and mental capacity and condition; - (f) for a person arrested—any time spent questioning the person before the arrest; - (g) the need to delay or suspend questioning of the person for time out purposes. - (a) it is necessary to carry out further investigations; or - (b) the person consents, or another authority requires the person, to participate in an investigative procedure. - 1 The person consents to taking part in an identification parade. - 2 A magistrate orders a medical examination involving the person.