Extension of preventative detention order
13I Extension of preventative detention order
S. 13I inserted by No. 5/2006 s. 4.
S. 13I(1) amended by No. 37/2014 s. 10(Sch. item 167.7).
If—
a preventative detention order is made by the Supreme Court in relation to a person on the final determination of an application under section 13C; and
the order is in force in relation to the person—
an authorised police officer may apply to the Supreme Court for an extension, or a further extension, of the period for which the order is to be in force in relation to the person.
The application must—
be made in writing; and
set out the facts and other grounds on which the applicant considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and
Note
See section 13E(1) for the purpose for which a preventative detention order may be made.
set out the outcomes and particulars of all previous applications for extensions, or further extensions, of the order.
S. 13I(3) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).
The information in the application must be sworn or affirmed by the applicant.
Note to s. 13I(3) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).
* * * * *
The applicant must cause notice of the application to be given to the person in relation to whom the preventative detention order is in force.
The person in relation to whom the preventative detention order is in force is entitled to appear on the hearing and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions. However, his or her absence does not prevent the Supreme Court from determining the application.
S. 13I(5A) inserted by No. 72/2011 s. 49(1).
The applicant must notify a Public Interest Monitor of the application in accordance with the regulations under the Public Interest Monitor Act 2011.
S. 13I(5B) inserted by No. 72/2011 s. 49(1).
In determining whether an order should be made under this section, the Supreme Court must have regard to any submissions made by the Public Interest Monitor.
The Supreme Court may, by order, extend, or further extend, the period for which the order is to be in force in relation to the person if it is satisfied 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.
S. 13I(6A) inserted by No. 32/2018 s. 67.
The Supreme Court may decide that it is satisfied as required by subsection (6) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify the extension or further extension.
The extension, or further extension, must not result in the preventative detention order specifying a period in excess of the maximum period permissible under section 13G(1).
S. 13I(8) amended by Nos 48/2006 s. 42(Sch. item 35.4), 32/2018 s. 79(2), 47/2021 s. 22(12), 32/2024 s. 1159.
If the person in relation to whom the order is in force is being detained in a prison or youth justice custodial centre and the Supreme Court makes an order under subsection (6) that extends, or further extends, the period for which the order is to be in force, the applicant must cause a copy of the order under that subsection to be given to the Secretary as soon as practicable after it is made.
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