Western Australian Numbered Acts

CRIMINAL INVESTIGATION ACT 2006 (NO. 58 OF 2006) - SECT 139

139 .         Arrested suspects, detention of

        (1)         In this section —

        “arrested suspect” means a person who is under arrest having been arrested under section 128, or under another written law, on suspicion of having committed an offence but who has not been arrested under an arrest warrant.

        (2)         A police officer or a public officer may detain an arrested suspect after the suspect is arrested for the purposes of —

            (a)         doing a search under section 133 or 135;

            (b)         investigating any offence suspected of having been committed by the suspect;

            (c)         interviewing the suspect in relation to any offence that the suspect is suspected to have committed; and

            (d)         deciding whether or not to charge the suspect with an offence.

        (3)         An arrested suspect who is detained under subsection (2) must be detained in the company of an officer and not in a lock-up or other place of confinement, unless the circumstances make it impracticable to do so.

        (4)         The detention of an arrested suspect must be in accordance with section 140.

        (5)         The detention of an arrested suspect in contravention of section 140 is not unlawful if it occurs due to circumstances that are not reasonably foreseeable.