TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 12
TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 12
12—Extension of preventative detention order
(1) If—
(a) a
preventative detention order is made in relation to a person; and
(b) the
order is in force in relation to the person,
a police officer may apply to an issuing authority for an extension, or a
further extension, of the period for which the order is to be in force in
relation to the person.
(1a) Before making an
application, the police officer must—
(a)
notify the person of the proposed application; and
(b)
inform the person that, when the proposed application is made, any material
that the person gives the police officer in relation to the proposed
application will be put before the issuing authority to whom the application
is made.
(a) be
made in writing; and
(b) set
out the facts and other grounds on which the police officer considers that the
extension, or further extension, is reasonably necessary for the purposes for
which the order was made; and
(c) set
out the outcomes and particulars of all previous applications for extensions,
or further extensions, of the order; and
(d) set
out a summary of the grounds on which the police officer considers that the
period for which the order is to be in force in relation to the person should
be extended or further extended.
Note—
Paragraph (b)—see section 6(3) and (5) for the purpose for
which a preventative detention order may be made.
(2a) To avoid doubt,
subsection (2)(d) does not require information to be included in the
summary if the disclosure of the information is likely to prejudice
national security.
(3) The information in
the application must be sworn or affirmed by the police officer.
(3a) The police
officer must put before the issuing authority all material that the person has
given the police officer in relation to the application.
(4) The
issuing authority may extend, or further extend, the period for which the
order is to be in force in relation to the person if the issuing authority is
satisfied, on reasonable grounds, that detaining the person under the order
for the period as extended, or further extended, is reasonably necessary for
the purpose for which the order was made.
(5) The extension, or
further extension, must be made in writing.
(6) The period as
extended, or further extended, must end—
(a) if
the issuing authority granting the extension, or further extension, is a
senior police officer—no later than 24 hours after the person is first
taken into custody under the order;
(b) if
the issuing authority granting the extension, or further extension, is a
Judge—no later than 14 days after the person is first taken into custody
under the order.
(7) The
nominated senior police officer for the order must—
(a)
notify the Office for Public Integrity in writing of the extension or further
extension; and
(b) give
the Office for Public Integrity a copy of the extension or further extension.