TASIn ForceAct
Criminal Law (Detention and Interrogation) Act 1995
7Orders made by telephone
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### 7 Orders made by telephone
> > (1) Subject to this section –
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> > > > (a) an application under [section 6](#GS6@EN) [(4)](#GS6@Gs4@EN) may be made by telephone if the applicant is of or above the rank of sergeant; and
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> > > > (b) a magistrate may under [section 6](#GS6@EN) [(6)](#GS6@Gs6@EN) make an order that has been applied for by telephone.
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> > (2) A magistrate makes an order under [section 6](#GS6@EN) [(6)](#GS6@Gs6@EN) that has been applied for by telephone by stating the terms of the order.
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> > (3) A magistrate must not make an order under [section 6](#GS6@EN) [(6)](#GS6@Gs6@EN) that has been applied for by telephone if the magistrate is of the opinion that it would be practicable in the circumstances for the police officer to apply to a magistrate for the order in person.
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> > (4) A magistrate who makes an order under [section 6](#GS6@EN) [(6)](#GS6@Gs6@EN) that has been applied for by telephone is to cause a record to be made in writing of –
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> > > > (a) the name and rank of the police officer who applied for the order; and
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> > > > (b) the location of the police officer at the time the application was made; and
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> > > > (c) the reasons given by the police officer as to why it was not practicable in the circumstances for the police officer to apply to a magistrate for an order in person; and
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> > > > (d) the full name of the person to whom the order relates; and
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> > > > (e) the terms of the order as stated to the police officer; and
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> > > > (f) the date and time the order was made.
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> > (5) The police officer must –
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> > > > (a) cause a record to be made in writing setting out the terms of the order; and
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> > > > (b) endorse the record with the name of the magistrate by whom, and the date and time when, the order was made.