104DSeizure

104D Seizure S. 104D(1) amended by No. 59/2015 s. 20(1). (1) In carrying out searches under sections 104B and 104C, a police officer or police custody officer may seize any one or more of the following— (a) any thing found in the police gaol, whether in a person's possession or not, which the police officer or police custody officer believes on reasonable grounds jeopardises or is likely to jeopardise the security or good order of the police gaol or the safety of persons in the police gaol; (b) any thing found on a detained person or in a detained person's possession, other than a thing which the detained person is authorised to wear or to possess under the regulations or a direction of the officer in charge of the police gaol; (c) any thing which a detained person is authorised to wear or possess under the regulations or a direction of the officer in charge of the police gaol which the police officer or police custody officer believes on reasonable grounds jeopardises or is likely to jeopardise the security of the police gaol or the safety of persons in the police gaol; (d) any thing which the police officer or police custody officer believes on reasonable grounds is connected with, or affords evidence of, the commission of the offence for which the person is detained in the police gaol. S. 104D(2) amended by No. 59/2015 s. 20(2). (2) A police officer or police custody officer who seizes any thing under subsection (1) must immediately inform the officer in charge of the police gaol. S. 104D(3) repealed by No. 59/2015 s. 20(3). Pt 9A Div. 4 (Heading and ss. 104DA–104DC) inserted by No. 59/2015 Division 4—Transport and supervision of persons by police custody officers S. 104DA inserted by No. 59/2015 104DA Police custody officers to transport persons at Chief Commissioner's direction S. 104DA(1) amended by No. 45/2017 s. 38(1). (1) The Chief Commissioner or a police custody officer supervisor, subject to the direction of the Chief Commissioner, may direct a police custody officer to do any of the following— (a) transport a detained person to any place (including a police station, hospital, court or another police gaol); (b) transport a person who is to be detained in a police gaol from any place (including a police station, hospital, court or another police gaol) to the police gaol; (c) transport a patient from a designated mental health service to a court, a police gaol or another designated mental health service; (d) transport a patient from a court or police gaol to a designated mental health service; (e) transport a person detained in a remand centre, youth residential centre or youth justice centre from that centre to a court or police gaol; (f) transport a person who is to be detained in a remand centre, youth residential centre or youth justice centre from a court or police gaol to such a centre; (g) supervise a person who is being transported under paragraphs (a) to (f); (h) supervise a person at a place to which the person has been transported, or from which the person will be transported, under paragraphs (a) to (f). S. 104DA(2) amended by No. 45/2017 s. 38(2). (2) If the Chief Commissioner or a police custody officer supervisor (as the case requires) has directed a police custody officer to transport or supervise a person under subsection (1), a police custody officer may transport that person to, and supervise that person at, a hospital or other facility at which medical assessments, care or treatment are provided, if it is necessary to do so. S. 104DA(3) amended by No. 45/2017 s. 38(2). (3) A police custody officer must comply with a direction of the Chief Commissioner or a police custody officer supervisor (as the case requires). (4) Without limiting section 6D or 6E, a person who is being transported or supervised by a police custody officer under this section is taken to be in the legal custody of the Chief Commissioner while being transported or supervised. S. 104DA(5) def. of *designated mental health service* amended by No. 39/2022 s. 807(a). ***designated mental health service*** has the same meaning as in the **Mental Health and Wellbeing Act 2022**; S. 104DA(5) def. of *patient* amended by No. 39/2022 s. 807(b). ***patient*** has the same meaning as in the **Mental Health and Wellbeing Act 2022**; ***remand centre*** has the same meaning as in the **Children, Youth and Families Act 2005**; ***youth justice centre*** has the same meaning as in the **Children, Youth and Families Act 2005**; ***youth residential centre*** has the same meaning as in the **Children, Youth and Families Act** **2005**. S. 104DB inserted by No. 59/2015 104DB Functions and powers of police custody officers in relation to persons they transport or supervise (1) A police custody officer has the following functions in relation to a person the police custody officer is transporting or supervising under this Division— (a) to take all reasonable steps to prevent the escape or attempted escape of the person from the physical custody of the police custody officer; (b) to take all reasonable steps to ensure that the person's safety and welfare are maintained; (c) to take all reasonable steps to prevent and detect the commission by the person of any unlawful act or any attempt to commit an unlawful act; (d) to take all reasonable steps to ensure the good order and discipline of the person; (e) to take all reasonable steps to ensure the security of any property that is in the person's possession; S. 104DB(1)(f) amended by No. 45/2017 s. 39(1). (f) to take all reasonable steps to ensure that the person is transported to or from, or supervised at, the appropriate place as directed by the Chief Commissioner or a police custody officer supervisor under this Division. (2) A police custody officer has the following powers in relation to a person the police custody officer is transporting or supervising under this Division— (a) to order the person to do or not to do anything that the police custody officer believes on reasonable grounds is necessary for the safety of the police custody officer, the person or any other person; (b) to search and examine the person or any thing in the person's possession or under the person's control if the police custody officer believes on reasonable grounds that this is necessary for the safety of the police custody officer, the person or any other person; (c) to seize any thing found on the person or in the person's possession or under the person's control if the police custody officer believes on reasonable grounds that this is necessary for the safety of the police custody officer, the person or any other person; S. 104DB(2)(d) amended by No. 45/2017 s. 39(2). (d) to apply an instrument of restraint to the person for the duration of the transport or supervision of the person if the Chief Commissioner or a police custody officer supervisor believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the escape of the person or the assault of, or injury to, any person; (e) to apply an instrument of restraint to the person during the transport or supervision of a person if the conduct of the person during that transport or supervision has been such that it is reasonable to believe that the application of the instrument of restraint is necessary to prevent the escape of the person or the assault of, or injury to, any person. (3) A police custody officer who seizes any thing under this section must as soon as practicable inform an officer in charge of a police gaol. S. 104DC inserted by No. 59/2015 104DC Transport or supervision authorised under other enactments and instruments S. 104DC(1) amended by No. 45/2017 s. 40. (1) If a police custody officer is directed by the Chief Commissioner or a police custody officer supervisor to transport or supervise a person under this Division, any provision of an Act or regulation, or of a warrant or order of a court, or of any order or instrument under an Act which requires or authorises (either expressly or by necessary implication) a police officer (by name or otherwise) to transport or supervise that person, must be taken to also authorise the police custody officer to transport or supervise that person in place of a police officer in accordance with that authorisation. (2) Nothing in subsection (1) prevents a police officer from exercising any function referred to in that subsection or any other function under the provision, warrant, order or instrument. Pt 9A Div. 5 (Heading and ss. 104DD–104DF) inserted by No. 59/2015 Division 5—General S. 104DD inserted by No. 59/2015 104DD Use of reasonable force by police custody officers (1) A police custody officer may, where necessary, use reasonable force to compel a person the police custody officer is managing, transporting or supervising under this Part to obey an order given by the police custody officer in the exercise of a function or power the police custody officer has under this Part. (2) A police custody officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force. S. 104DE inserted by No. 59/2015 104DE Dealing with seized items The officer in charge of a police gaol must deal in accordance with the regulations with any thing, other than a drug of dependence, that is seized under this Part. S. 104DF inserted by No. 59/2015 104DF General power to authorise transfers of detained persons (1) The Chief Commissioner of Police may, by instrument, authorise the transfer of a detained person in the legal custody of the Chief Commissioner from— (a) a police gaol to another police gaol; or (b) a police gaol to a hospital or other facility for the purpose of medical assessment, care or treatment of the detained person; or (c) a hospital or other facility to another hospital or other facility for the purpose of medical assessment, care or treatment of the detained person; or (d) a hospital or other facility to a police gaol. (2) The Chief Commissioner of Police must not include in an instrument of transfer, made under subsection (1), a provision that is inconsistent with any order of a court in force in relation to the custody or place of detention of the detained person proposed to be transferred. Note to s. 104DF amended by No. 39/2022 s. 808. Further provisions for the transfer or return of detained persons and the custody of detained persons can be found in other Acts including the **Mental Health and Wellbeing Act 2022**, the **Disability Act 2006** and the **Children, Youth and Families Act 2005**. Pt 9B (Headings and ss 104E–104N) inserted by No. 81/2005 s. 9.