Crimes Act 1914

Part IC - Investigation of Commonwealth offences

Division 2 - Powers of detention

Note:

The powers in this Division only apply in relation to people under arrest. They do not apply in relation to protected suspects.

View history note

Subdivision A - Non-terrorism offences

View history reference

View history note

SECTION 23D Application may be made for extension of investigation period

View history reference

(1)

View history reference

If a person is arrested for a serious Commonwealth offence (other than a terrorism offence), an investigating official may, at or before the end of the investigation period, apply to a magistrate for an extension of the investigation period.

(2)

View history reference

The application must be made before the magistrate, by telephone or in writing.

(3)
Subject to subsection (4), the application must include statements of all of the following:

(a) whether it appears to the investigating official that the person is under 18;

(b) whether it appears to the investigating official that the person is an Aboriginal person or a Torres Strait Islander;

(c) the outcome of any previous application under this section in relation to the person and the investigation period;

(d) the period (if any) by which the investigation period has been reduced under subsection 23C(6) ;

(e) the total amount of time (if any) that has been disregarded under subsection 23C(7) in ascertaining the investigation period under subsection 23C(4) ;

(f) the maximum amount of time by which the investigation period could be extended;

(g) the reasons why the investigating official believes the investigation period should be extended;

(h) the period by which the investigating official believes the investigation period should be extended.

(4)

View history reference

Subsection (3) does not require any information to be included in the application if disclosure of that information is likely:

(a) to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 ); or

(b) to be protected by public interest immunity; or

(c) to put at risk ongoing operations by law enforcement agencies or intelligence agencies; or

(d) to put at risk the safety of the community, law enforcement officers or intelligence officers.

(5)
Before the application is considered by the magistrate, the investigating official:

(a) must:

(i) if the application is to be made in writing - provide a copy of the application to the person, or to his or her legal representative; or

(ii) otherwise - inform the person, or his or her legal representative, of all matters or information in the application (other than information of a kind mentioned in subsection (4)); and

(b) must inform the person that he or she, or his or her legal representative, may make representations to the magistrate about the application.

(6)
If the application contains any information of a kind mentioned in subsection (4), the investigating official may remove it from any copy of the application that is provided to the person or to his or her legal representative.

(7)
The person, or his or her legal representative, may make representations to the magistrate about the application.

View history note

History

S 23D and 23DA substituted for s 23CA to 23E by No 127 of 2010, s 3 and Sch 3 item 15, effective 25 November 2010. For application provisions, see note under definition of " arrested " in s 23B(1) . S 23D formerly read:

SECTION 23D Extension of investigation period if arrested for non-terrorism offence
(1)
If a person is under arrest for a serious offence (other than a terrorism offence), an investigating official may, at or before the end of the investigation period, apply for an extension of the investigation period.
View history note

Hide history note

History

S 23D(1) amended by No 104 of 2004, s 3 and Sch 1 item 6, by inserting ``(other than a terrorism offence) ' ' after ``serious offence'', effective 30 June 2004.

(2)
The application must be made to:

(a) a magistrate; or

(b) if it cannot be made at a time when a magistrate is available - a justice of the peace employed in a court of a State or Territory or a bail justice; or

(c) if it cannot be made when any of the foregoing is available - any justice of the peace.
The magistrate, justice of the peace or bail justice to whom the application is made is the judicial officer for the purposes of this section and section 23E .

View history note

Hide history note

History

S 23D(2) amended by No 136 of 2001, s 3 and Sch 4 item 31, by inserting ``The magistrate....and section 23E'', effective 29 October 2001.

(3)
The application may be made before the judicial officer, or in writing, or as prescribed by section 23E , and the person or his or her legal representative may make representations to the judicial officer about the application.

(4)
Subject to subsection (5), the judicial officer may extend the investigation period, by signed written authority, if satisfied that:

(a) the offence is a serious offence; and

(b) further detention of the person is necessary to preserve or obtain evidence or to complete the investigation into the offence or into another serious offence; and

(c) the investigation into the offence is being conducted properly and without delay; and

(d) the person, or his or her legal representative, has been given the opportunity to make representations about the application.
View history note

Hide history note

History

S 23D(4) amended by No 136 of 2001, s 3 and Sch 4 item 32, by inserting ``, by signed written authority, ' ' after ``period'', effective 29 October 2001.

(4A)
The authority must set out:

(a) the day and time when the extension was granted; and

(b) the reasons for granting the extension; and

(c) the terms of the extension.
View history note

Hide history note

History

S 23D(4A) inserted by No 136 of 2001, s 3 and Sch 4 item 33, effective 29 October 2001.

(4B)
The judicial officer must give the investigating official a copy of the authority as soon as practicable after signing the authority.
View history note

Hide history note

History

S 23D(4B) inserted by No 136 of 2001, s 3 and Sch 4 item 33, effective 29 October 2001.

(5)
The investigation period may be extended for a period not exceeding 8 hours, and must not be extended more than once.

(6)
In this section:
serious offence
means a Commonwealth offence that is punishable by imprisonment for a period exceeding 12 months.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.