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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.

        (2)         The application must—

            (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.