New South Wales Repealed Acts

This legislation has been repealed.

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) AMENDMENT ACT 2014 - SCHEDULE 1

SCHEDULE 1 – Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103 relating to investigations and questioning under Part 9

[1] Section 109 Objects of Part

Insert at the end of section 109 (c):

, and

(d) to provide for the rights of a suspect who is in the company of a police officer in connection with an investigative procedure but who is not so detained.

[2] Section 110 Definitions

Insert in alphabetical order in section 110 (1):

"protected suspect" means a person who is in the company of a police officer for the purpose of participating in an investigative procedure in connection with an offence if:

(a) the person has been informed that he or she is entitled to leave at will, and

(b) the police officer believes that there is sufficient evidence that the person has committed the offence.

[3] Section 110 (2) and (3)

Omit the subsections.

[4] Section 110 (5)

Insert after section 110 (4):

(5) For the purposes of this Part, a reference to the place where a protected suspect is detained is a reference to the place where the person is participating in the relevant investigative procedure.

[5] Section 111 Persons to whom Part applies

Insert "or who is a protected suspect in connection with an offence" after "under arrest by a police officer for an offence" in section 111 (1).

[6] Section 112A

Insert after section 112:

112A Application of Part in connection with execution of search warrants

(1) This Part applies to a person in the company of a police officer for the purpose of an investigative procedure at premises that are being searched under a search warrant issued under this Act or under a provision specified in Schedule 2 if:

(a) the person has been arrested and is in custody at those premises, or

(b) the person is at the premises and is a protected suspect.

(2) For that purpose:

(a) the functions of the custody manager under this Part are exercisable by a police officer who is at the premises but who is not connected with the investigation concerned and who does not participate in the execution of the search warrant, and

(b) the police officer exercising the functions of the custody manager is not required to comply with any obligation under this Part relating to communication with a friend, relative, guardian or independent person if the police officer suspects on reasonable grounds that doing so may result in bodily injury to any other person, and

(c) the custody record for the detained person or protected suspect may form part of a video recording of the execution of the search warrant, and

(d) this Part applies with such other modifications as are prescribed by the regulations.

[7] Section 113 Effect of Part on other powers and duties

Insert "or is a protected suspect" after "who is under arrest" in section 113 (2) (b).

[8] Part 9, Division 2, heading

Omit the heading. Insert instead:

Division 2 Investigation and questioning powers--persons under arrest

Investigation and questioning powers--persons under arrest

[9] Section 115 Investigation period

Omit "4 hours" from section 115 (2). Insert instead "6 hours".

[10] Section 116 Determining reasonable time

Insert "(including any period during which the person was a protected suspect)" after "before and after the person is arrested" in section 116 (2) (j).

[11] Section 118 Detention warrant to extend investigation period

Omit "4 hours" from section 118 (1). Insert instead "6 hours".

[12] Section 118 (3)

Omit "8 hours". Insert instead "6 hours".

[13] Section 118 (4A)

Insert after section 118 (4):

(4A) When determining an application for a detention warrant, the authorised officer is to take into account any period for which the person to whom the application relates was a protected suspect in relation to the investigation.

[14] Section 118 (5) (d)

Omit "4-hour". Insert instead "6-hour".

[15] Section 120 Information in application for detention warrant

Insert after section 120 (1) (c):

(c1) the period (if any) during which the person has been a protected suspect in relation to the investigation,

[16] Part 9, Division 3, heading

Omit the heading. Insert instead:

Division 3 Safeguards relating to persons under arrest and protected suspects

Safeguards relating to persons under arrest and protected suspects

[17] Section 122 Custody manager to caution, and give summary of Part to, person under arrest or protected suspect

Insert "or after a person becomes a protected suspect" after "detention" in section 122 (1).

[18] Section 122 (1) (b)

Omit the paragraph. Insert instead:

(b) give the person a summary of the provisions of this Part in the form prescribed by the regulations.

[19] Sections 123, 124 (1), 125 (1), 126, 127, 128 (1), 129, 130 and 131

Insert "or protected suspect" and "or protected suspect's" after "detained person" and "detained person's", respectively, wherever occurring.