Section 70Part 4 — Powers, Duties and Privileges of Police Officers
Responsibilities in relation to persons detained
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70. (1) Subject to subsections (2) and (4), it shall be the duty of the custody officer at a police station to ensure —
that all persons in police detention at that station are treated in accordance with this Act and any rules of practice made under this Act relating to the treatment of persons in police detention; and
that all matters relating to such persons which are required by this Act or by such rules of practice to be recorded are recorded in the custody records relating to such persons.
If the custody officer, in accordance with any rules of practice issued under this Act, transfers or permits the transfer of a person in police detention —
to the custody of a police officer investigating an offence for which that person is in police detention; or
to the custody of a police officer who has charge of that person outside the police station, the custody officer shall cease in relation to that person to be subject to the duty imposed on that custody officer by subsection (1)(a); and it shall be the duty of the police officer to whom the transfer is made to ensure that the person is treated in accordance with the provisions of this Act and of any such rules of practice as are mentioned in subsection (1).
If the person detained is subsequently returned to the custody of the custody officer, it shall be the duty of the police officer investigating the offence to report to the custody officer as to the manner in which this section and the rules of practice have been complied with while that person was in that police officer’s custody.
If an arrested juvenile is moved to the Department of Children and Family Services, the custody officer shall cease in relation to that person to be subject to the duty imposed on that custody officer by subsection (1).
Where — Section 71 Police Act (2021 Revision) Page 64 Revised as at 31st December, 2020 c
a police officer of higher rank than the custody officer gives directions relating to a person in police detention; and
the directions are at variance —
with any decision made or action taken by the custody officer in the performance of a duty imposed on that custody officer under this Part; or been made or taken by that custody officer in the performance of such duty, the custody officer shall refer the matter at once to a police officer of the rank of Superintendent or above who is responsible for the police station for which the custody officer is acting as custody officer.
with any decision or action which would but for the directions have