Questioning of person prohibited while person is detained if Court orders
13ZK Questioning of person prohibited while person is detained if Court orders
S. 13ZK (Heading) amended by No. 32/2018 s. 37(1).
S. 13ZK inserted by No. 5/2006 s. 4.
S. 13ZK(1AA) inserted by No. 32/2018 s. 37(2).
This section applies if the Supreme Court makes a preventative detention order subject to a questioning prohibition condition.
S. 13ZK(1) amended by No. 37/2014 s. 10(Sch. item 167.31(a)(i)).
A police officer must not question a person while the person is being detained under a preventative detention order except for the purposes of—
determining whether the person is the person in relation to whom the order is made; or
ensuring the safety and well‑being of the person being detained; or
S. 13ZK(1)(c) amended by No. 37/2014 s. 10(Sch. item 167.31(a)(ii)).
allowing the police officer to comply with a requirement of this Part in relation to the person's detention under the order.
S. 13ZK(2) amended by No. 37/2014 s. 10(Sch. item 167.31(b)).
A police officer must not question a person while the person is being detained under an order made under a corresponding preventative detention law.
S. 13ZK(3) amended by No. 37/2014 s. 10(Sch. item 167.31(b)).
If a police officer questions a person while the person is being detained under a preventative detention order, the police officer who is detaining the person must ensure that—
a video recording is made of the questioning if it is practicable to do so; or
an audio recording is made of the questioning if it is not practicable for a video recording to be made of the questioning.
Subsection (3) does not apply if—
the questioning occurs to—
determine whether the person is the person in relation to whom the order is made; or
ensure the safety and well-being of the person being detained; and
complying with subsection (3) is not practicable because of the seriousness and urgency of the circumstances in which the questioning occurs.
A recording made under subsection (3) must be kept for the period of 12 months after the recording is made.
Notes
1 This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).
2 A contravention of this section may be an offence under section 13ZN.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.