Question on Arbitrary Detention (1 Viewer)

[guy123]

I understand the concept but i'm wondering, in NSW, an individual can't be detained more than 4hours without being declared under arrest or w/e. If they are held longer than 4hours without permission to be held longer, is that considered arbitrary detenion?

 

[Cl324]

No after the initial 4 hours they can send a request to detain you for a further 8 hrs. After that you must be charged with the crime or released.
Also the 'hours' dont include lots of things like the time it takes for your lawyer to arrive etc.
Generally police wont hold you for the longer than the legal period because then they prone to a lawsuit
Theyre only allowed to do it if you are suspected of terrorism or you are an illegal migrant/asylum seeker/refugee

 

[enoilgam]

I understand the concept but i'm wondering, in NSW, an individual can't be detained more than 4hours without being declared under arrest or w/e. If they are held longer than 4hours without permission to be held longer, is that considered arbitrary detenion?

If you are held for longer than four hours without permission and not including breaks, then it is arbitrary detention (Williams v R if I'm not mistaken, its a HC case). There are exemptions to this as mentioned by CL324, but they are pretty uncommon.