How long can I be held in custody in NSW?
How long can I be held in custody in NSW?
In New South Wales, police can generally hold you in custody for a maximum of six hours without charge for the purpose of investigation. However, they can seek an extension from a magistrate for an additional period, up to a maximum of 12 hours.
Why is there a time limit?
The idea behind setting a time limit is to balance the rights of the individual with the needs of the police to conduct their investigations. By imposing a limit, the law aims to ensure that a person's liberty is only restricted for a valid reason and for the shortest possible time.
Can the police request an extension?
While the initial six-hour period is standard, police may require more time to gather evidence or complete their inquiries. If the police need more time, they can make an application to a magistrate for a detention warrant which extends the time limit. Police must provide valid reasons for the request, setting out why the extended detention is genuinely necessary and not a means of pressuring or intimidating an individual in custody.
What happens after the time limit?
After the maximum detention time has lapsed (whether that is 6 hours or up to a maximum of 12 with a detention warrant) the police must either:
Release the person without charge, or
Charge the person with an offence and release them on bail, conditionally or unconditionally, or
Charge the person with an offence and bring them before a magistrate (that is, bring them to court as soon as possible).
Your rights during custody
Every person has particular rights while in police custody which are set out in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). Police also have particular powers while a person is in custody. You can read more about that in our article here.
Seeking Legal Advice
If you or someone you know is facing arrest or has been arrested, understanding your rights can make all the difference. At Kingston Fox Lawyers, we specialise in criminal law and can provide the expert guidance needed.
Are you in need of legal assistance? Don't hesitate. Contact Kingston Fox Lawyers today.
