Power to detain person under preventative detention order
24 Power to detain person under preventative detention order
While a preventative detention order is in force in relation to a person —
any police officer may take the person into custody; and
any police officer may keep the person in detention.
When a preventative detention order is made, the Commissioner must nominate a senior police officer (the nominated senior police officer) to oversee the exercise of powers under, and the performance of duties in relation to, the preventative detention order.
The nominated senior police officer must be someone who was not involved in the making of the application for the preventative detention order.
The nominated senior police officer must —
oversee the exercise of powers under, and the performance of duties in relation to, the preventative detention order;
without limiting paragraph (a), ensure that sections 20 and 22(2) are complied with in relation to the preventative detention order; and
receive and consider any representations that are made under subsection (5).
The following persons —
the person in relation to whom a preventative detention order is in force;
a lawyer acting for the person in relation to the preventative detention order;
a person with whom the person can have contact under section 45(2),
are entitled to make representations to the nominated senior police officer about —
the exercise of powers under, and the performance of duties in relation to, the preventative detention order;
without limiting paragraph (d), compliance with section 20 or 22(2) in relation to the preventative detention order; and
the person’s treatment in connection with the person’s detention under the preventative detention order.
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