Caution and Summary of Part 9 of the Law Enforcement P693 (Powers & Responsibilities) Act 2002 (LEPRA)

IMPORTANT !
This form tells you about some of the things the police will do for you when you are in their custody at a police station. If you cannot communicate with the police, they will try to get you an interpreter to help you.

You have been arrested by police and they can keep you in their custody for a reasonable time to conduct their investigations. The maximum investigation time cannot exceed four hours. Please note, there are times which do not count towards the investigation time. The times which do not count are listed on the back of this form. If the police want to keep you for more than the maximum investigation time then they must apply for a warrant. You or your lawyer can talk to a magistrate about this application. However there are some exceptions to your right not to say or do anything. These exceptions are contained in laws requiring you to answer questions put by, or to do things required by, a police officer. Where one of these laws applies, the officer will explain to you the particular law that requires you to answer questions put by, or do things required by, a police officer. For example, under the Road Transport (Safety and Traffic Management) Act a police officer may require you to submit to a breath analysis. As another example, police have power under the Road Transport (General) Act to require drivers to state their names and home addresses. The police will help you to contact a friend, a relative, a guardian or someone else so you can tell them where you are or ask them to come to where you are. While in police custody you do not have to say or do anything but anything that you do say or do may be used in evidence.

If you are under 18, intellectually or physically impaired, an Aboriginal or Torres Strait Islander or someone from a non English speaking background you can have a support person with you while in police custody. The police will help you to get a support person, if you ask for one.

NSW Police

The police will help you to contact a lawyer of your choice if you want legal advice or to ask that person to come to where you are. If you are not an Australian citizen the police will help you to contact a consular official from your country so you can tell them where you are and ask them to come to where you are.

The police cannot ask you to say or do anything while waiting for your lawyer, friend, relative, guardian or other person to come to where you are. But, as explained earlier, there are exceptions to your right not to say or do anything. These exceptions are contained in laws requiring you to answer questions put by, or to do things required by, a police officer. Where one of these laws applies, the officer will explain to you the particular law that requires you to answer questions put by, or do things required by, a police officer. For example (as given before), under the Road Transport (Safety and Traffic Management) Act a police officer may require you to submit to a breath analysis. As another example (as given before), police have power under the Road Transport (General) Act to require drivers to state their names and home addresses. The police do not have to wait for more than two hours for someone to come. If the police think someones safety is at risk they do not have to wait for two hours. There are other circumstances when the police do not have to contact or wait for someone to come.

If your lawyer, friend, relative, guardian or other person comes to the police station, the police will let you speak with them. The police will let you speak in private provided it is safe and reasonable to let you do so. The police will keep a record of what they do with you while you are in their custody. You can look at this record, provided it is reasonable to let you do so. The police will give you a copy of this record when you are released or taken before a justice, magistrate or court.

Acknowledgement
Custody manager At .......................... am/pm on the .........................................................................., I informed the detained person of the information contained in this form entitled Caution and Summary of Part 9 of LEPRA, by reading it to him/her and by giving him/her a copy of this form. Name:.............................................................................................................................................................................................. Rank:...................................................................................................................................................................... Detained person 1) 2) I acknowledge having been informed of the information contained in this form, and having received a copy of this form titled Caution and Summary of Part 9 of LEPRA. I understand the information that I have been given. Signature of Custody Manager: .......................................................................................................................................... Time and Date: ..........................................................................................................................

*Signature of detained person: ..................................................................................................................................................................................................................................................................................................................... Name of detained person: .................................................................................................................................................................................................................................................................................................................................

........................................................................................................................................................................................................................................................................................................................................................................................................ *(Note: there is no obligation on the person to sign this acknowledgement)

The detained person has refused to sign the above acknowledgement. He/she said, ......................................................................................................................................................... Signature of Custody Manager: .......................................................................................................................................... Time and Date: ..........................................................................................................................

Name:.............................................................................................................................................................................................. Rank:......................................................................................................................................................................
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Record of Time Time Outs

LEPRA, Section 117 sets out certain times which are not taken into account when determining the investigation time. Such times include: (A) CONVEY THE PERSON Any time that is reasonably required to convey the person from the place where the person is arrested to the nearest premises where facilities are available for conducting investigative procedures in which the person is to participate. (B) WAITING TIME - INVESTIGATORS Any time that is reasonably spent waiting for arrival at the place where the person is being detained of police officers, or any other persons prescribed by the regulations, whose particular knowledge of the investigation, or whose particular skills, are necessary to the investigation. (C) WAITING TIME - Section 281 Criminal Procedure Act 1986 (Recording of Admissions by Suspects) Any time that is reasonably spent waiting for facilities for complying with Section 281 of the Criminal Procedure Act to become available. (ie. facilities to E.R.I.S.P. - record admissions relating to indictable offences other than those Table 2 offences which can be dealt with summarily.) (D) COMMUNICATION Any time that is required to allow the person (or someone else on the persons behalf) to communicate with a friend, relative, guardian, independent person, lawyer or consular official or to arrange for a support person to attend the place of detention. (E) WAITING TIME Any time that is required to allow such friend, relative, guardian, independent person, support person, lawyer or consular official to arrive at the place where the person is being detained. (F) CONSULTING TIME Any time that is required to allow the person to consult at the place where the person is being detained with such friend, relative, guardian, independent person, lawyer or consular official. (G) MEDICAL Any time that is required to arrange for and to allow the person to receive medical attention. (H) INTERPRETER Any time that is required to arrange for the services of an interpreter for the person and to allow the interpreter to arrive at the place where the person is being detained or become available by telephone for the person. (I) IDENTIFICATION PARADE Any time that is reasonably required to allow for an identification parade to be arranged and conducted. REST BREAKS Any time that is required to allow the person to rest or receive refreshments or to give the person access to toilet and other facilities (Refer section 130).

(J)

(K) RECOVERY TIME Any time that is required to allow the person to recover from the effects of intoxication due to alcohol or another drug. (L) WARRANTS Any time that is reasonably required to prepare, make and dispose of any application for a detention warrant or any application for a search warrant that relates to the investigation.

(M) CHARGING PROCEDURES Any time that is reasonably required to carry out charging procedures in respect of the person.

P693 (Page 2)

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