---
title: "Work out the investigation period after a Commonwealth arrest"
url: "https://ailawframework.com/practice/criminal-law/work-out-the-investigation-period-after-a-commonwealth-arrest"
type: "task"
site: "AI Law Framework"
id: "A20-RO20261022-2"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Work out the investigation period after a Commonwealth arrest

> From the arrest time and whether the arrested person is an Aboriginal person or a Torres Strait Islander, state the investigation period on the bench book and the time it would end if no extension and no dead time…

Canonical page: https://ailawframework.com/practice/criminal-law/work-out-the-investigation-period-after-a-commonwealth-arrest  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Criminal Law](https://ailawframework.com/practice/criminal-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the arrest time and whether the arrested person is an Aboriginal person or a Torres Strait Islander, state the investigation period on the bench book and the time it would end if no extension and no dead time applied. Do not decide that the detention was lawful. |
| What the lawyer must review | The lawyer decides whether dead time applies, whether an extension was granted, and whether the person was released or brought before a judge within the period. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: From the arrest time and whether the arrested person is an Aboriginal person or a Torres Strait Islander, state the investigation period on the bench book and the time it would end if no extension and no dead time applied. Do not decide that the detention was lawful.
- What the lawyer does: The lawyer decides whether dead time applies, whether an extension was granted, and whether the person was released or brought before a judge within the period.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Use two hours where the person is an Aboriginal person or a Torres Strait Islander, and four hours otherwise.
2. Do not ignore dead time under section 23C(7). The lawyer identifies which intervals are dead time.
3. If an extension is relied on, confirm a serious offence, one extension only, and not more than 8 hours.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Judicial Commission of New South Wales: Commonwealth offences](https://www.judcom.nsw.gov.au/publications/benchbks/local/commonwealth_offences.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/criminal-law/work-out-the-investigation-period-after-a-commonwealth-arrest/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*