CORRECTIONS ACT 1986 - SECT 56B Application for police custody transfer order

CORRECTIONS ACT 1986 - SECT 56B

S. 56B(1) amended by No. 37/2014 s. 10(Sch. item 32.12).

    (1)     A police officer of or above the rank of Assistant Commissioner of Police may apply to the Supreme Court for a police custody transfer order in relation to a prisoner if he or she believes on reasonable grounds that the prisoner will voluntarily provide information to a police officer provided that any interview between the prisoner and a police officer occurs outside a prison.

    (2)     An application must not be made under subsection (1) for a purpose relating to the investigation of an offence that the prisoner committed or is reasonably suspected of having committed unless the prisoner has been convicted or found guilty of that offence.

    (3)     An application under subsection (1) must not be made in relation to a prisoner in circumstances in which the prisoner may be removed from prison by or under this Act and delivered in to the custody of another person.

    (4)     An application under subsection (1) must—

        (a)     be in writing; and

        (b)     state the grounds on which the application is made; and

S. 56B(4)(ba) inserted by No. 12/2014 s. 9.

        (ba)     be supported by an affidavit setting out the grounds on which the application is made; and

        (c)     include the following documents—

              (i)     the prisoner's written consent to the making of the proposed order; and

S. 56B(4)(c)(ii) amended by No. 37/2014 s. 10(Sch. item 32.12).

              (ii)     an assessment made by a police officer as to the risks, (if the order is made) to the security and good order of the prison in which the prisoner is detained and to the safety and welfare of the prisoner or any other person before the making of the order, while the order is in force and after the order ceases to be in force; and

              (iii)     an assessment made by the Secretary (taking into account the assessment referred to in subparagraph (ii)) as to the risks (if the order is made) to the security and good order of the prison in which the prisoner is detained and to the safety and welfare of the prisoner or any other person before the making of the order, while the order is in force and after the order ceases to be in force; and

              (iv)     a statement made by the Secretary as to the conditions (if any) the Secretary seeks to be imposed on the order.

    (5)     An applicant for a police custody transfer order must serve a copy of the application on the Secretary.

    (6)     An application under subsection (1) is not to be heard in open court.

S. 56C inserted by No. 10/2013 s. 20.