When a suspect has been arrested or brought in under one of the provisions listed in this provision, from what day does the period of detention begin to run?
General information · Not legal advice
Material to check
The practice file to read is the record showing the date the suspect was arrested or brought in, and the paper identifying under which of the provisions this provision names that step was taken, since the whole rule attaches to that legal basis.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as a starting-point rule attached to the legal basis of the step: where a suspect has been arrested or brought in under any of the provisions it names, the detention period is counted from the day of that arrest or bringing in, so that day is the first day of the count.
Another reading notes that the provision only fixes where the count begins and only for arrests or bringings-in made under the provisions it names, saying nothing about the length of the period, the day the count ends, or a suspect who was arrested or brought in under some other provision.
Your judgment
If the record does not show which of the listed provisions the arrest was based on, how can the day on which the period begins be established?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change its starting-point rule or the list of provisions it names, or if a court decision settles how the start day is proved when the legal basis of the arrest is disputed.