Spending time in a police station is a daunting experience for most. It is imperative that you call your solicitor if you have been taken to a police station or if you have been asked to go to the police station.

When you are at a police station, police will typically seek to question you about the relevant events and may seek to conduct certain forensic procedures.  In other words, they will carry out an investigation. There are time limits placed on police under legislation that are designed to limit the amount of time of detention for the purposes of investigation.

Pursuant to s 115 of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA) -, the investigation period is determined by what is reasonable in all the circumstances, up to a maximum of six hours, subject to specific ‘time out’ periods. Time out periods mean periods of time that do not count towards the maximum period and these include the time that you spend talking to a solicitor, and time allowed for medical assistance being provided to you.

Police may apply for an extension of the maximum period of time from a Local Court Magistrate, Local Court Registrar, or an employee of the NSW Attorney-General’s Department.

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