Document ID: chunk:federal_register_of_legislation:F2008C00189:body:0:p9
Version: federal_register_of_legislation:F2008C00189
Segment Type: other
Provision Reference: 
Character Range: 19276–21899

(4) If there are reasonable grounds to believe at the time of arrest of a person that the person is unable to understand the substance of the offence in relation to which the arrest was made, because of:
 (a) inadequate knowledge of the English language; or
 (b) mental dysfunction; or
 (c) physical disability or disease;
the special constable who arrests the person must take all reasonable steps to ensure that the person is provided with an explanation of the substance of the offence that he or she is able to understand.

 (5) A person who arrests a person, or who assists in the arrest of a person, must not use more force, or subject the person being arrested to greater indignity, than is reasonably necessary.

 (6) A special constable must ensure that an arrested person in the custody of the constable is not subjected to:
 (a) more force, or greater indignity, than is reasonably necessary to detain the arrested person and to prevent his or her escape from custody; or
 (b) cruel, inhuman or degrading treatment.

13 Arrested persons to be placed in custody

 (1) A special constable who arrests a person must place the person in custody in a place of detention as soon as practicable after the arrest.

 (2) For the purposes of subsection (1):
 (a) the special constable may use the assistance of another person or other persons; and
 (b) the special constable and the person or persons assisting him or her may use force to the extent that is reasonably necessary.

14 Release of certain arrested persons

  If:
 (a) a person has been arrested by a special constable without a warrant to arrest; and
 (b) the arrested person is in the custody of the special constable or another special constable; and
 (c) the special constable who has custody of the arrested person does not, or ceases to, have reasonable grounds to believe:
 (i) that the person committed, or was committing, an offence; or
 (ii) that holding the person in custody is necessary to achieve a purpose specified in paragraph 10 (b); or
 (iii) that proceeding against the person by summons would not achieve a purpose of that kind;
the special constable must release the person from custody.

15 Procedure following arrest without warrant

 (1) As soon as practicable after a special constable arrests a person without a warrant, the constable must, unless the person has been released under section 14, tell a Magistrate:
 (a) the name of the constable; and
 (b) if he or she is a police officer:
 (i) his or her rank; and
 (ii) his or her AFP service number; and
 (c) the name or other description of the arrested person and a statement