TERRORISM (POLICE POWERS) ACT 2002 - SECT 25I Warrant to extend initial period of investigative detention

TERRORISM (POLICE POWERS) ACT 2002 - SECT 25I

25I Warrant to extend initial period of investigative detention

(1) A police officer authorised by a senior police officer may, before the end of the current maximum period of investigative detention, apply to an eligible Judge for a warrant to extend the maximum period of investigative detention if--

(a) the police officer has reasonable grounds for suspecting that the person continues to be a terrorism suspect, and

(b) the police officer is satisfied that the extension will substantially assist in responding to or preventing the terrorist act.

(2) The terrorism suspect, or his or her legal representative, may make representations to the eligible Judge about the application.

(3) An eligible Judge may issue a detention warrant that extends the maximum period of investigative detention of the terrorism suspect by a period not exceeding 7 days.

(4) The maximum period of investigative detention may be extended by a detention warrant on more than 1 occasion, so long as the total period of investigative detention after the arrest of the terrorism suspect does not exceed 14 days.

(5) An eligible Judge is not to issue a detention warrant unless satisfied that--

(a) the investigation is being conducted diligently and without unnecessary delay, and

(b) there are reasonable grounds for suspecting that the person continues to be a terrorism suspect, and

(c) there are reasonable grounds for suspecting that any future terrorist act concerned could occur at some time in the next 14 days (or so occur if the terrorism suspect is released from detention), and

(d) the extension will substantially assist in responding to or preventing the terrorist act concerned.

(6) A detention warrant may contain such directions as the eligible Judge considers appropriate in relation to the conditions under which the terrorism suspect is kept in custody for investigative detention. The investigative detention of the terrorism suspect is subject to any such direction included in the warrant.

(7) As soon as reasonably practicable after a detention warrant is issued, the custody manager for the terrorism suspect--

(a) must give the terrorism suspect a copy of the warrant, and

(b) must orally inform the terrorism suspect of the nature of the warrant and its effect.

(8) An eligible Judge who deals with an application for a detention warrant is to disqualify himself or herself from presiding in any subsequent trial of the terrorism suspect for an offence that relates to the matters to which the application relates.