Application by police for revocation or variation of preventative detention order or prohibited contact order
13O Application by police for revocation or variation of preventative detention order or prohibited contact order
S. 13O inserted by No. 5/2006 s. 4.
S. 13O(1) amended by No. 37/2014 s. 10(Sch. item 167.12(a)(ii)).
If—
a preventative detention order is in force in relation to a person; and
S. 13O(1)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(a)(i)).
the police officer who is detaining the person under the order is satisfied that the grounds on which the order was made have ceased to exist—
the police officer must apply for the revocation of the order to the Supreme Court.
S. 13O(2) amended by Nos 37/2014 s. 10(Sch. item 167.12(a)(ii)), 70/2015 s. 8(2).
If—
a preventative detention order is in force in relation to a person; and
S. 13O(2)(b) amended by Nos 37/2014 s. 10(Sch. item 167.12(a)(i)), 70/2015 s. 8(1).
the police officer who is detaining the person under the order is satisfied that, because of new facts or circumstances that have arisen since the making of the order, it is appropriate that the order be revoked or varied—
the police officer must apply for the revocation or variation of the order to the Supreme Court.
If—
a preventative detention order is in force in relation to a person; and
S. 13O(3)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(b)).
the Supreme Court is satisfied, on application by a police officer under subsection (1) or (2), 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. 13O(5) amended by Nos 48/2006 s. 42(Sch. item 35.4), 32/2018 s. 79(4), 47/2021 s. 22(14), 32/2024 s. 1161.
If the person in relation to whom the preventative detention order is in force is being detained in a prison or youth justice custodial centre and the order is revoked or varied under subsection (3), the applicant for the revocation or variation must cause a copy of any order made under that subsection to be given to the Secretary as soon as practicable after it is made.
S. 13O(6) amended by No. 37/2014 s. 10(Sch. item 167.12(c)(ii)).
If—
a prohibited contact order is in force in relation to a person's detention under a preventative detention order; and
S. 13O(6)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(c)(i)).
the police officer who is detaining the person under the preventative detention order is satisfied that because of new facts or circumstances that have arisen since the making of the prohibited contact order that it is appropriate that the prohibited contact order be revoked or varied (including that the grounds on which the order was made have ceased to exist)—
the police officer must apply for the revocation or a variation of the prohibited contact order to the Supreme Court.
If—
a prohibited contact order is in force in relation to a person's detention under a preventative detention order; and
S. 13O(7)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(d)).
the Supreme Court is satisfied, on application by a police officer under subsection (6), that it is appropriate that the prohibited contact order be revoked or varied—
the Court, by order, must revoke or vary the prohibited contact order.
S. 13O(7A) inserted by No. 72/2011 s. 51.
The applicant must notify a Public Interest Monitor of an application under this section in accordance with the regulations under the Public Interest Monitor Act 2011.
S. 13O(7B) inserted by No. 72/2011 s. 51.
In determining whether a preventative detention order or a prohibited contact order should be revoked or varied under this section, the Supreme Court must have regard to any submissions made by a Public Interest Monitor.
S. 13O(7C) inserted by No. 32/2018 s. 69.
The Supreme Court may decide that it is satisfied as required by subsection (3)(b) or (7)(b) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify revoking or varying the order.
S. 13O(8) amended by Nos 48/2006 s. 42(Sch. item 35.4), 32/2018 s. 79(4), 47/2021 s. 22(14), 32/2024 s. 1161.
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 applicant for the revocation or variation must cause a copy of any order made under that subsection to be given to the Secretary as soon as practicable after it is made.
A person in relation to whom a preventative detention order is in force may make representations to the senior police officer nominated under section 13P(4) in relation to the order with a view to having the order, or a prohibited contact order that is in force in relation to the person's detention under the preventative detention order, revoked or varied under this section.
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