Preventative detention orders
13 Preventative detention orders
On an application made under section 11 or a direction under section 22(8)(c), an issuing authority may make a preventative detention order in relation to a person if the issuing authority is satisfied, on reasonable grounds, that —
the person is a person to whom section 9 applies; and
detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of —
substantially assisting in preventing a terrorist act occurring; or
preserving any evidence referred to in section 9(3)(b).
A preventative detention order is an order in writing that the person specified or identified in the order —
may, if not then in custody, be taken into custody; and
may be kept in detention during the period that —
starts when the person is first taken into custody, or is first in detention, under the order; and
ends a specified period of time (the permitted detention period) after the person is first taken into custody, or is first in detention, under the order.
The permitted detention period must not exceed —
14 days; or
if a shorter period is necessary in order to comply with section 15(4) or (6), that shorter period.
A preventative detention order must specify —
the name of the person in relation to whom it is made or, if the name of the person is not known, identifying information referred to in subsection (4A); and
the permitted detention period; and
the date on which, and the time at which, the order is made; and
if applicable, the day and time after which the person may not be taken into custody under the order.
The identifying information must comprise a description sufficient to identify the person and may include any of the following —
part of the person’s name;
an alias or a nickname of the person;
a physical description of the person;
a photograph of the person attached to the order.
The day and time specified under subsection (4)(d) must be fixed so that the time is not more than 7 days after the order is made.
If the person in relation to whom the order is made —
is under 18 years of age; or
is incapable of managing his or her affairs,
the order may provide that the aggregate period each day for which the person is entitled to have contact with another person or other persons under section 45(2) is the period of more than 2 hours that is specified in the order.
[Section 13 amended: No. 23 of 2019 s. 6.]
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