7Orders made by telephone

7 Orders made by telephone

(1)  Subject to this section –

(a) an application under section 6 (4) may be made by telephone if the applicant is of or above the rank of sergeant; and

(b) a magistrate may under section 6 (6) make an order that has been applied for by telephone.

(2)  A magistrate makes an order under section 6 (6) that has been applied for by telephone by stating the terms of the order.

(3)  A magistrate must not make an order under section 6 (6) 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.

(4)  A magistrate who makes an order under section 6 (6) that has been applied for by telephone is to cause a record to be made in writing of –

(a) the name and rank of the police officer who applied for the order; and

(b) the location of the police officer at the time the application was made; and

(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

(d) the full name of the person to whom the order relates; and

(e) the terms of the order as stated to the police officer; and

(f) the date and time the order was made.

(5)  The police officer must –

(a) cause a record to be made in writing setting out the terms of the order; and

(b) endorse the record with the name of the magistrate by whom, and the date and time when, the order was made.