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Contents (2002 - 103)
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Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 6 December 2019 to date (accessed 29 January 2020 at 19:17)
Part 8 Section 104
104   Power to arrest for interstate offences
(cf Crimes Act 1900, s 352A)
(1)  This section applies to an offence (an interstate offence)—
(a)  that is an offence against the law of a State (other than New South Wales) or a Territory, and
(b)  that consists of an act or omission that, if it occurred in New South Wales, would constitute an indictable offence or an offence punishable by imprisonment for 2 years or more.
(2)  A police officer may, at any hour of the day or night and without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person has committed an interstate offence.
(3)  A court—
(a)  may discharge the person, or
(b)  may—
(i)  commit the person to custody, or
(ii)  grant bail,
pending the execution under a law of the Commonwealth of a warrant for the person’s arrest or the person’s earlier release from bail, or discharge from custody, under this section.
(4)  Except as provided by this section, a person arrested under this section for an interstate offence has the same rights, and is to be dealt with in the same way, as a person arrested for a similar offence committed in New South Wales. In particular—
(a)  Parts 4, 9, 10 and 15 apply in respect of the person, and
(b)  the Bail Act 2013, and the Justices Act 1902, with all necessary modifications, apply in relation to the granting of bail to the person and in relation to court proceedings under this section.
(5)  If a person has been committed to custody under subsection (3) and a warrant for the person’s arrest is subsequently presented for execution, the person must be delivered in accordance with the terms of the warrant to the custody of the person executing it.
(6)  If a person arrested under this section has been granted bail, and subsequently, but before the person has complied with his or her bail acknowledgment, a warrant for the person’s arrest is executed under a law of the Commonwealth, the person is taken at the time the warrant is executed to be released from that bail and to have complied with any condition or acknowledgment in relation to that bail at that time outstanding, not being a condition or acknowledgment with which the person has by that time failed, without lawful excuse, to comply.
(7)  If a person arrested under this section has been granted bail or is in custody, the person may be released from bail or discharged from custody if a warrant for the person’s arrest is not executed within a reasonable time (not exceeding 7 days) after the arrest.
(8)  In this section—
court means—
(a)  the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or
(b)  any other court that, or person who, exercises criminal jurisdiction.