TERRORISM (POLICE POWERS) ACT 2002 - SECT 25M
Prohibited contact direction in detention warrant
TERRORISM (POLICE POWERS) ACT 2002 - SECT 25M
Prohibited contact direction in detention warrant
25M Prohibited contact direction in detention warrant
(1) A police officer
who applies to an eligible Judge for a detention warrant in relation to a
terrorism suspect may request the eligible Judge to direct, in and by the
warrant, that the terrorism suspect is not, while under investigative
detention pursuant to the warrant, to contact a person specified in the
direction (a
"prohibited contact direction" ). The information given by the police officer
in connection with the application for the detention warrant is to include the
grounds on which any such direction is requested.
(2) The eligible Judge may
include the prohibited contact direction in the detention warrant if satisfied
that the direction is reasonably necessary to achieve the purposes of the
investigative detention under this Part. The investigative detention of the
terrorism suspect is subject to a prohibited contact direction included in the
detention warrant.
(3) A prohibited contact direction may prevent contact
with a specified person of any kind (including a legal representative of the
terrorism suspect).
(4) A prohibited contact direction may be revoked by an
eligible Judge, on application made by the terrorism suspect concerned or on
application made by a police officer.
(5) For the purpose of making a
prohibited contact direction, a detention warrant may be issued before the
expiry of the current maximum period of investigative detention (including
before the expiry of the initial period of 4 or 2 days after the arrest of the
terrorism suspect). The warrant may limit the maximum period of investigative
detention to the then current maximum period of detention, and in that case
section 25I (5) (a) and (d) do not apply to the issue of the warrant.
(6) A
terrorism suspect may be prevented from contacting a person to be specified in
a proposed prohibited contact direction requested under this section until the
request has been determined.
