63. Avoidance of delay after arrest

When a member exercises his or her power of arrest or receives a person into service custody, the member must as soon as practicable having regard to the circumstances of the arrest cause the person arrested to be transferred to the custody of a commanding officer.

Where a person arrested has come into the custody of a commanding officer, that commanding officer must release the person arrested as soon as the person’s continued custody, for one of the reasons specified in section 57(1)(b), is no longer necessary and may impose such restrictions as are permitted by section 64.

When a person arrested is not released in accordance with subsection (2), the commanding officer into whose custody the person arrested has been transferred in accordance with subsection (1) must, within 24 hours of receiving the person into custody, cause the person to be given a copy of the charge on which the person is being held.

Within 48 hours of a person arrested being received into custody of a commanding officer, the commanding officer is to cause proceedings to be commenced for the hearing and determination of the charge or report his or her reasons for not so doing to the appropriate authority.

Where a person who has been charged with an offence remains in custody for a period exceeding 4 days without the charge having been disposed of or tried by a disciplinary officer, the commanding officer must make a written report to the appropriate authority stating the reasons for the delay.

The commanding officer must make a similar report to the appropriate authority at the conclusion of each subsequent period of 4 days if the person is still held in custody without the charge having been disposed of or tried by a disciplinary officer.

A commanding officer who certifies in writing that, having regard to the exigencies of service, it is not reasonably practicable to do so, is not required to comply with subsection (5) or (6).

Where a person remains in custody for 8 days and the charge against the person has not been heard and determined, it is the duty of the appropriate authority to whom a report under subsection (5) or (6) has been made to notify the Commissioner of the reasons why the charge has not been heard and determined.

Upon receipt of a notification in accordance with subsection (8), the Commissioner must, unless the Commissioner is satisfied that it is proper that the person should continue in custody, order the release of the person from custody.