Under section 27, NS Act 2023, a constable can arrest without a warrant anyone who they suspect is, or has been, involved in foreign power threat activity (section 33, NS Act 2023). The new PACE Code I governs the detention, treatment and questioning of individuals arrested under that power.

Schedule 6 NS Act 2023 contains provisions regarding treatment of individuals in detention and the rights of individuals. It includes the availability of longer detention periods to reflect the complex nature of state threats investigations and the taking and retention of biometric data which covers fingerprints, DNA samples and physical data.

This Code applies to people detained under the national security provisions after 00:00 on 20 December 2023 notwithstanding that their period of detention may have commenced before that time.