Application by detainee for revocation or variation of preventative detention order or prohibited contact order
13N Application by detainee for revocation or variation of preventative detention order or prohibited contact order
S. 13N inserted by No. 5/2006 s. 4.
A person in relation to whom a preventative detention order made by the Supreme Court is in force may, with the leave of the Supreme Court, apply to the Supreme Court for—
the revocation or a variation of the order; or
the revocation or a variation of any prohibited contact order that is in force in relation to the person's detention under the preventative detention order.
The Supreme Court must not grant leave to apply for the revocation or a variation of an order unless it is satisfied that new facts or circumstances have arisen since the making of the order.
To avoid doubt, an application for leave to apply for the revocation or a variation of an order does not operate as a stay of the order.
If—
a preventative detention order made by the Supreme Court is in force in relation to a person; and
the Supreme Court grants leave to that person to apply for the revocation or a variation of the order; and
the Supreme Court is satisfied, on the application of that person, that because of new facts or circumstances that have arisen since the making of the order that it is appropriate that the order be revoked or varied—
the Court, by order, must revoke or vary the order.
To avoid doubt, if the variation applied for relates to the place or places where the person may be, must be, or must not be, detained under the preventative detention order, the Supreme Court must have regard to the requirements of section 13F(8).
S. 13N(6) amended by Nos 48/2006 s. 42(Sch. item 35.4), 37/2014 s. 10(Sch. item 167.11), 32/2018 s. 79(3), 47/2021 s. 22(13), 32/2024 s. 1160.
If the person in relation to whom a preventative detention order made by the Supreme Court is in force is being detained in a prison or youth justice custodial centre and the order is revoked or varied under subsection (4), the police officer who is detaining the person under the order must cause a copy of the order made under that subsection to be given to the Secretary as soon as practicable after it is made.
If—
a prohibited contact order is in force in relation to a person's detention under a preventative detention order made by the Supreme Court; and
the Supreme Court grants leave to that person to apply for the revocation or a variation of the prohibited contact order; and
the Supreme Court is satisfied, on the application of that person, that because of new facts or circumstances that have arisen since the making of the prohibited contact order that it is appropriate that the order be revoked or varied—
the Court, by order, must revoke or vary the order.
S. 13N(8) amended by Nos 48/2006 s. 42(Sch. item 35.4), 37/2014 s. 10(Sch. item 167.11), 32/2018 s. 79(3), 47/2021 s. 22(13), 32/2024 s. 1160.
If the person in relation to whose detention under a preventative detention order a prohibited contact order is in force is being detained in a prison or youth justice custodial centre and the prohibited contact order is revoked or varied under subsection (7), the police officer who is detaining the person under the preventative detention order must cause a copy of the order made under that subsection to be given to the Secretary as soon as practicable after it is made.
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