Western Australian Numbered Acts

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PROTECTIVE CUSTODY ACT 2000 (NO. 50 OF 2000) - SECT 12

12 .         Releasing apprehended adults

        (1)         As soon as practicable after an adult is apprehended, an authorized officer must release the adult —

            (a)         into the care of another person under section 13; or

            (b)         into the care of the person in charge of an appropriate facility.

        (2)         Subsection (1) does not prevent an authorized officer from taking action under section 10 and, if directed to do so, from releasing an adult into the care of another person under that section.

        (3)         If an adult is apprehended by a community officer and it is not reasonably practicable to comply with subsection (1), a community officer may deliver the adult to a police officer to be detained in accordance with section 7(1).

        (4)         Any detention under section 7(1) of an adult by a police officer must not be in a police station or lock-up unless —

            (a)         in the time needed to comply with subsection (1) exceptional circumstances arise that justify detaining the adult in a police station or lock-up; or

            (b)         it is impracticable to comply with subsection (1) by taking reasonable measures.



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