Release of person from preventative detention
26W Release of person from preventative detention
The police officer who is detaining a person under a preventative detention order may release the person from detention under the order.
Note.
A person may be released, for example, so that the person may be arrested and charged with an offence and otherwise dealt with in connection with the charge.
The police officer who is detaining a person under a preventative detention order must release the person from detention under the order as soon as is practicable after the police officer is satisfied that the grounds on which the order was made have ceased to exist.
Note.
A person detained under a preventative detention order may be detained under the order at a correctional centre under an arrangement with the Commissioner of Corrective Services under section 26X.
The police officer who releases the person from detention under the preventative detention order must give the person a written statement that the person is being released from that detention. The statement must be signed by the police officer.
To avoid doubt, a person may be taken to have been released from detention under a preventative detention order even if—
the person is informed that he or she is being released from detention under the order, and
the person is taken into custody on some other basis immediately after the person is informed that he or she is being released from detention under the order.
To avoid doubt, a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order.
Note.
During this period, the provisions of this Part that apply to a person who is being detained under a preventative detention order (for example, those dealing with the people the person may contact) do not apply to the person.
To avoid doubt—
the release of the person under subsection (1) from detention under the preventative detention order does not extend the period for which the preventative detention order remains in force, and
a person released under subsection (1) from detention under a preventative detention order may again be taken into custody and detained under the order at any time while the order remains in force in relation to the person.
Note.
Paragraph (a)—this means that the time for which the person may be detained under the order continues to run while the person is released.
This Act’s bill:Explanatory memorandumSecond reading speech
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