NCJ Number
130754
Date Published
1987
Length
167 pages
Annotation
This discussion paper for community consultation presents the New South Wales Law Reform Commission's analysis of the current law on police powers of arrest and detention and its tentative recommendations for reform.
Abstract
Tentative proposals for reform pertain to general arrest and detention procedures, powers in relation to people who have not been arrested, the power to arrest, procedure following arrest, services available to an arrested person, investigative procedures, procedure at the conclusion of detention, and the consequences of a breach of procedural rules. One general tentative proposal is that there should be a single code of procedure that governs powers of arrest and detention, expressed in understandable terms. Regarding stop and frisk, the commission proposes that where reasonable grounds exist, a police officer should have the power to stop and search persons or vehicles in a public place and require persons to disclose their names and addresses, but involuntary detention without arrest should generally be prohibited. The power of arrest should only be used where the use of a summons or court attendance notice procedure is not practicable. The commission also recommends that an arrested person be brought before a custody review officer at the nearest police station as soon as possible after arrest. Another recommendation is that an arrested person not be detained at a police station for more than four hours before either being released or brought before a court. Appended 54-item bibliography and tables of cases and statutes