Crimes Amendment Act (No 4) 2011

4 Duty of persons arresting
  • (1) Section 316(2) is amended by repealing paragraphs (a) and (b) and substituting the following paragraphs:

    • (a) if he or she has the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to produce it if required by that person to do so:

    • (b) if he or she does not have the process or warrant, or a copy of it, in his or her possession at the time of the arrest, to show it to the arrested person as soon as practicable after the arrest, if that person so requires.

    (2) Section 316 is amended by inserting the following subsection after subsection (5):

    • (5A) The obligation under subsection (5) ceases if the person is—

      • (a) released following the service of a summons under section 28 of the Criminal Procedure Act 2011 to appear in court to answer the charge; or

      • (b) released on bail under section 21 of the Bail Act 2000; or

      • (c) otherwise released from custody.