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LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 80E Applications for DECCD access orders by telephone

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 80E

Applications for DECCD access orders by telephone

80E Applications for DECCD access orders by telephone

(1) An application for a DECCD access order may be made by telephone if it is not practicable for the application to be made--
(a) in person under section 80C, or
(b) by email or in another way under section 80D.
Note--:
"Telephone" includes radio, facsimile and any other communication device.
(2) A Magistrate must not issue a DECCD access order on an application made by telephone unless the Magistrate is satisfied--
(a) the DECCD access order is required urgently, and
(b) it is not practicable for the application to be made in person under section 80C or by email or in another way under section 80D.
(3) If it is not practicable for an application for a DECCD access order to be made by telephone directly to a Magistrate, the application may be transmitted to the Magistrate by another person on behalf of the applicant.
(4) A Magistrate who issues a DECCD access order on an application made by telephone must--
(a) complete and sign the DECCD access order, and
(b) either--
(i) give the DECCD access order to the person who made the application, or
(ii) inform the person of the terms of the DECCD access order and the date and time when it was signed
(5) If a DECCD access order is issued on an application made by telephone and the applicant was not given the DECCD access order, the applicant must--
(a) complete a form of DECCD access order in the terms indicated by the Magistrate under subsection (4), and
(b) write on the form--
(i) the name of the Magistrate, and
(ii) the date and time the DECCD access order was signed.
(6) A form of DECCD access order completed under subsection (5) is taken to be a DECCD access order issued in accordance with this Act.
(7) A DECCD access order must be given by a Magistrate by email, if the facilities to do so are readily available, and the emailed copy is taken to be the original document.