7CPower of detention to enable notice to be given

7C Power of detention to enable notice to be given

7C Power of detention to enable notice to be given

(1) A police officer may exercise a power of detention under this section only if—

(a) there are reasonable grounds to suspect that a person is a registrable person and that the person has not been given notice, or is otherwise unaware, of the person’s reporting obligations, and

(b) all other reasonably appropriate means of determining whether the person is a registrable person, or of notifying the person of reporting obligations, as the case requires, have been taken.

(2) A police officer may detain the person if it is reasonably necessary to do so—

(a) to enable a determination as to whether or not the person is a registrable person or, if the person is a registrable person, as to whether or not the person has been given notice, or is aware, of the person’s reporting obligations, or

(b) to enable the person to be given notice of those obligations if the person is not aware of them.

(3) In detaining the person, the police officer must tell the person—

(a) why the person is being detained, and

(b) that the detention is authorised under this Act, and

(c) that the person will be released immediately after the purpose of the detention is fulfilled.

(4) The detained person—

(a) must not be held for a period that is longer than is reasonably necessary to enable the purpose of the detention to be fulfilled, and

(b) must not be held merely because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations, and

(c) must be released immediately after the purpose of the detention is fulfilled.

s 7C: Ins 2004 No 85, Sch 1 [21].