Use of identifying particulars

In force

(1)

This section applies if identifying particulars are taken under section 69 from a person being detained under a preventative detention order.

(2)

The particulars may be used only to find out—

(a)

whether the person is the person stated in, or described by, the order; or

(b)

if the person is the person described by the order—the person’s identity.

Note—A contravention of this subsection may be an offence under section 54.

(3)

If—

(a)

a period of 12 months elapses after the identifying particulars are taken; and

(b)

proceedings for—

(i)

the preventative detention order; or

(ii)

the treatment of the person in connection with the person’s detention under the order;

have not been brought, or have been brought and have ended within the period;

the particulars must be destroyed as soon as practicable after the end of that period by the person who possesses the particulars.

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