An Act to amend certain Acts with respect to criminal offences and procedure; and for other purposes.
This Act is the Crimes Legislation Amendment Act 2002.
This Act commences on a day or days to be appointed by proclamation.
The Acts specified in Schedules 1–10 are amended as set out in those Schedules.
The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.
(Repealed)
(Section 3)
(Repealed)
Omit section 356D (1). Insert instead:
The investigation period is a period that:
(a) if the person was arrested on premises during the execution of a search warrant and detained under Part 3A of the Search Warrants Act 1985—begins when the person ceases to be detained under that Part and ends at a time that is reasonable in all the circumstances (but does not exceed the maximum investigation period), or
(b) in any other case—begins when the person is arrested and ends at a time that is reasonable in all the circumstances (but does not exceed the maximum investigation period).
Insert after section 356E (2) (k):
if the person was arrested on premises during the execution of a search warrant and detained on the premises under Part 3A of the Search Warrants Act 1985:
(i) the period of time that the person was detained on the premises, and
(ii) the time taken to execute the search warrant, and
(iii) whether, in the circumstances, the search warrant was executed diligently and without undue delay,
Insert after section 356F:
Nothing in this Part authorises the detention of any person for a continuous period of time that is not reasonable having regard to all the circumstances of the case.
Without limiting subsection (1), the following periods of time are to be taken into account in determining whether a person has been detained for a continuous period of time that is not reasonable:
(a) such of the periods of time referred to in section 356F (1) as are relevant,
(b) if the person was first arrested on premises during the execution of a search warrant—any period of time that the person was detained under Part 3A of the Search Warrants Act 1985 before being detained under this Part.
Insert after section 356I (1) (f):
if the person was arrested on premises during the execution of a search warrant and detained on the premises under Part 3A of the Search Warrants Act 1985:
(i) details of the premises being searched, and
(ii) the time and date of the commencement of the execution of the search warrant and the time…