Document ID: chunk:federal_register_of_legislation:C2004A01339:clause:1_23ca:p2
Version: federal_register_of_legislation:C2004A01339
Segment Type: clause
Provision Reference: sch 1 cl 23CA (pt 2/3)
Character Range: 11217–13860

a Commonwealth offence to which the first arrest relates; or
 (ii) the circumstances in which such an offence was committed.

 (8) In ascertaining any period of time for the purposes of subsection (4) or (6), the following times are to be disregarded:
 (a) the time (if any) that is reasonably required to convey the person from the place at which the person is arrested to the nearest premises at which the investigating official has access to facilities for complying with this Part;
 (b) any time during which the questioning of the person is suspended or delayed to allow the person, or someone else on the person's behalf, to communicate with a legal practitioner, friend, relative, parent, guardian, interpreter or other person as provided by this Part;
 (c) any time during which the questioning of the person is suspended or delayed to allow such a legal practitioner, friend, relative, parent, guardian, interpreter or other person to arrive at the place where the questioning is to take place;
 (d) any time during which the questioning of the person is suspended or delayed to allow the person to receive medical attention;
 (e) any time during which the questioning of the person is suspended or delayed because of the person's intoxication;
 (f) any time during which the questioning of the person is suspended or delayed to allow for an identification parade to be arranged and conducted;
 (g) any time during which the questioning of the person is suspended or delayed in order to allow the making of an application under section 3ZQB or the carrying out of a prescribed procedure within the meaning of Division 4A of Part IAA;
 (h) the time (if any) that is reasonably required in connection with making and disposing of an application under section 23CB, 23DA, 23WU or 23XB;
 (i) any time during which the constable is informing the person of matters specified in section 23WJ;
 (j) any reasonable time during which the questioning of the person is suspended or delayed to allow the person to rest or recuperate;
 (k) any time during which a forensic procedure is being carried out on the person by order of a magistrate under Division 5 of Part ID;
 (l) any time during which the questioning of the person is suspended or delayed, if section 23XGD applies and that time is to be disregarded in working out a period of time for the purposes of that section;
 (m) any reasonable time that:
 (i) is a time during which the questioning of the person is reasonably suspended or delayed; and
 (ii) is within a period specified under section 23CB.

 (9) In any proceedings, the burden lies on the prosecution to prove that:
 (a) the