granting extensions of detention periods

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definition

  1. A police officer may hold a person for questioning for a set period if they have been arrested for an indictable offence. This period of time is referred to as a detention period.
  2. There are provisions for the extension of periods of detention under both State and Commonwealth legislation. State and Commonwealth information is laid out separately below.
    1. Under State legislation:
      1. The initial period of detainment is for eight hours.
      2. The maximum amount of questioning time in this period is not more than four hours.
      3. The rest of the detention period, when the accused person is not being questioned, is referred to as time out.
      4. Time out may be for more than four hours in the initial detention period if the questioning time is correspondingly less.
      5. Time out includes travel time, time waiting for a legal representative, rest periods and time for the conduct of other administrative functions.
    2. Under Commonwealth legislation:
      1. The period of detainment is referred to as the period of investigation, the initial allowable maximum being four hours for questioning.
      2. The equivalent of time-out under the State Act applies under Commonwealth law but is not included in the period of detention.
      3. For someone aged 18 years and under, or of Aboriginal or Torres Strait Islander descent, the initial investigation period is only two hours. Also, the offence being investigated must be a serious offence with a maximum penalty of a term of imprisonment exceeding twelve months.

    state legislation

    background

  3. Under section 405 of the Police Powers and Responsibilities Act 2000 a police officer may, if a magistrate or JP(Mag Ct) is not available, apply to a JP(Qual) for an extension of a detention period.
  4. The application has a prescribed form, listing:
    1. the details of the police officer making the application;
    2. the details of the person being detained;
    3. the details of the offence with which the person has been charged;
    4. the reasons for extending the period of detention;
    5. the desired length of the extension;
    6. the amount of questioning time that will be needed; and
    7. the date.
  5. There is also a section on the application that you complete and sign to grant the extension.

    6. caveats

  6. Before extending the detention period, you must consider the following and be satisfied that:
    1. the nature and seriousness of the offence require the extension;
    2. further detention of the person is necessary to:
      1. preserve or obtain evidence of the offence or another indictable offence; or
      2. complete the investigation into the offence or another indictable offence; or
      3. continue questioning the person about the offence or another indictable offence; and
    3. the investigation is being conducted properly and without unreasonable delay; and
    4. the person or the person's lawyer has been given the opportunity to make submissions about the application for extension. Before an application to extend the detention period can be made by a police officer they must:
      1. inform the relevant person, or the person's lawyer, of the application;
      2. give the person a copy of the application; and
      3. ask the person or the person's lawyer if s/he agrees to the application or wants to oppose it, and wants to make submissions or say anything to the justice hearing the application.

    steps

  7. To process the application:
    1. Check that the police officer has tried to find a magistrate or JP(Mag Ct) to grant the extension. You must only consider an application if there is no magistrate or JP(Mag Ct) available to approve the application.
    2. Check that the accused has either been arrested for an indictable offence, or is suspected of having committed an indictable offence, whether or not it is the offence for which they have been arrested.
    3. Ask the police officer for a copy of the section of the Police Powers and Responsibilities Act 2000 that deals with detention periods. Check that you are clear about your powers and responsibilities.
    4. Read through the application carefully, ensuring that all the necessary information has been provided and asking any questions that may be necessary to clarify particular points. Check whether the information in the application is sufficient to convince you that the extension is necessary.
    5. Ask the accused or the accused's legal representative if they have any submissions to make. You are require to listen to any submissions from the person or their legal representative about the application when you are determining whether to extend the period.
    6. Decide whether or not the extension is justified.
      1. If you decide that it is not, refuse to grant the extension and write across the application Refused, with a brief summation of your reasons.
      2. If you decide to grant the extension, complete the section granting the extension. Ensure that you include:
        1. how much time is to be allowed as time-out;
        2. the length of time when the accused may be questioned, to a maximum of eight hours;
        3. the proviso that the suspect may continue to be detained for the total of the time-out and question time.
      3. You may extend the detention period for a reasonable time, with a maximum of eight hours of further questioning time included in the extended detention period.

      commonwealth legislation

      background

    7. The provisions for extension of an investigation period under the Commonwealth Crimes Act 1914 are very similar to those under the State Act. In both cases the accused person is detained while undergoing questioning.
    8. A police officer may apply to a JP(Qual) for an extension of an investigation period if aa magistrate or a JP employed in a court of the state is not available.

    9. However as there is a provision under the legislation for a telephone application to be made, the application would in most cases be made to a magistrate.

      10. caveats

    10. Follow the guideline given for the application under state legislation, making allowances for the differences in terminology. and in the initial investigation, the special provisions for juveniles and indigenous people, and the seriousness of the offence.
    11. As with state legislation, you may only consider the application if there is no magistrate or JP employed in a court of the state available to approve the application.
    12. You should ask the police officer for a copy of the section of the Crimes Act 1914 dealing with investigation periods, and read it before proceeding.
    13. You may extend the initial investigation period for a further eight hours. This period does not include time apart from questioning time - or time-out, as it is referred to under state legislation.
    14. Before extending the investigation period you must consider the following and be reasonably satisfied that:
      1. the nature and seriousness of the offence require the extension; and
      2. the detention is necessary to:
        1. preserve or obtain evidence; or
        2. complete the investigation of the offence; or
        3. continue questioning of the person about the offence; and
      3. the investigation is being conducted properly and without unreasonable delay; and
      4. the person or their legal representative has been given the opportunity to make submissions about the application for extension.
    15. As is the case for state legislation, you are required to listen to any submissions from the person or their legal representative about the application when you are considering whether to extend the period.

    16. You may only extend the detention period once.

      17. references

    17. The Duties of Justices of the Peace (Qualified),undated, Ch 20 Police Powers and Responsibilities Act 2000 (Queensland) Commonwealth Crimes Act 1914