78BArrest and detention for breach of parole order

78B Arrest and detention for breach of parole order S. 78B(1) amended by Nos 37/2014 s. 10(Sch. item 32.13), 45/2017 s. 14(1). (1) A police officer or a protective services officer on duty at a designated place may, without warrant, arrest a prisoner released under a parole order if he or she suspects on reasonable grounds that the prisoner has committed an offence against section 78A. S. 78B(1A) inserted by No. 45/2017 s. 14(2). (1A) If a protective services officer arrests a prisoner under subsection (1), the protective services officer must hand the prisoner into the custody of a police officer as soon as practicable after the prisoner is arrested. S. 78B(2) amended by Nos 37/2014 s. 10(Sch. item 32.13), 45/2017 s. 14(3). (2) A prisoner who is arrested under subsection (1), or under any power of arrest that a police officer or a protective services officer on duty at a designated place has under any Act or law if the prisoner is suspected on reasonable grounds of committing an offence against section 78A, may be detained in custody if the police officer who arrested the prisoner or received custody of the prisoner from a protective services officer is satisfied that— (a) the breach of a term or condition of the parole order that constitutes the offence is not trivial or minor; and (b) the detention is necessary to prevent the prisoner continuing the breach or committing a further breach of a term or condition of the parole order. S. 78B(3) amended by Nos 37/2014 s. 10(Sch. item 32.13), 45/2017 s. 14(4). (3) A prisoner who is arrested under subsection (1), or under any power of arrest that a police officer or a protective services officer on duty at a designated place has under any Act or law if the prisoner is suspected on reasonable grounds of committing an offence against section 78A, must be detained in custody if the alleged breach of a term or condition of the parole order is— (a) the commission of an offence punishable by imprisonment, other than an offence against section 78A; or (b) a breach of a term or condition of the parole order that is prescribed for the purposes of this section. S. 78B(4) amended by Nos 37/2014 s. 10(Sch. item 32.13), 45/2017 s. 14(5). (4) If a prisoner is detained under subsection (2) or (3), the police officer who arrested the prisoner or received custody of the prisoner from a protective services officer must cause the Board to be notified of the detention not more than 12 hours after the arrest of the prisoner. S. 78B(4A) inserted by 45/2017 s. 14(6). (4A) A protective services officer may only exercise the power to arrest without warrant under this section in relation to a person who is at, or in the vicinity of, a designated place. (5) If a person was arrested under any Act or law, nothing in this section prevents the continuation of the person's detention in relation to the offences for which the person was arrested. S. 78C inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13).