Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p15
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 33254–35772

persons

 (1) A leader must charge an arrested person in relation to the offence for which the person was arrested as soon as practicable after the arrest, unless:
 (a) if a warrant to arrest the person has been given effect — the warrant is revoked; or
 (b) if the person has been arrested without a warrant — the leader has reasonable grounds to believe that the person did not commit the offence.

 (2) If a leader, in the capacity of special constable, arrests a person who is to be charged, the charge must be made, if practicable, by another leader.

 (3) As soon as practicable after charging a person, the leader who charged the person must:
 (a) write down the charge, but it is not necessary for him or her to do so in precise or technical language; and
 (b) in the case of a person arrested under a warrant — give the charge, or a copy of the charge, to the Magistrate who issued the warrant; and
 (c) in the case of a person arrested without a warrant — give the charge, or a copy of the charge, to the Magistrate referred to in section 15 ('procedure following arrest without warrant').

 (4) If a leader declines to charge an arrested person, as soon as practicable the leader must inform:
 (a) in the case of a person arrested under a warrant — the Magistrate who issued the warrant; and
 (b) in the case of a person arrested without a warrant — the Magistrate referred to in section 15;
of the reasons why the arrested person was not charged.

 (5) A Magistrate may be informed of the reasons:
 (a) in writing; or
 (b) orally, if it is impracticable to give them in writing.

 (6) If a Magistrate is informed orally, the Magistrate must write down, or otherwise record, the reasons as soon as practicable after being so informed.

 (7) The Magistrate must file the charge or information, or a copy of the charge or information, in the Magistrates Court.

25 Information and directions about persons in custody

 (1) A Magistrate may request information orally or in writing from a leader about a person in the custody of the leader and the leader must provide the Magistrate with the information to the best of his or her knowledge.

 (2) A Magistrate may give directions to a leader orally or in writing about  the conditions under which a person in the custody of the leader is to be detained and the person must be detained in accordance with the directions.

 (3) If information is requested by a Magistrate orally from a leader, the Magistrate must write down, or otherwise record, the request as