M1 - Learner Manual

2.4. Police Custody

In each state and territory in Australia there is legislation in place that deals with the responsibilities of police and the rights of people who are in police custody. The key legislative instruments that govern this area of law are the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) and the Law Enforcement (Powers and Responsibilities) Regulation 2005 (NSW)  . These laws proscribe important rules about treatment of person’s in custody and deal with a person’s legal rights, health and safety whilst in custody. The Bail Act 2013 (NSW)  is an important piece of legislation as it proscribes the procedures and processes relating to bail applications for a person in custody. You need to also be familiar with the Crimes Act 1900 (NSW)  as this will assist you with your client’s substantive matter. 

In these cases, you may need to advocate on behalf of or assist your client with a range of issues. For example:-

• Your client may ask you to make a bail application on their behalf.
• There may be an allegation of mistreatment of a person in police custody.
• The circumstances of their arrest may be relevant to the running of your client’s case.