sec.399Application for removal of person from lawful custody in prison or detention centre

### sec.399 Application for removal of person from lawful custody in prison or detention centre This section applies to a person who is suspected of having committed an indictable offence and is in custody under the Corrective Services Act 2006 or the Youth Justice Act 1992 — for a charge of an offence that has not been decided; or under a sentence for a term of imprisonment or, for a child, a detention order. A police officer may apply to a magistrate for an order ( removal order ) for the removal of the person in custody in a prison or detention centre to the custody of a police officer ( police custody ) for— questioning the person about the offence; or the investigation of the offence. The application may include an application for an extension of the detention period even though the detention period has not started. The application must be— made in person; and sworn and state the grounds on which the order is sought. The magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration. s 399 (prev s 193) renum 2000 No. 22 s 13 amd 2000 No. 63 s 276 sch 2 ; 2006 No. 26 s 3 sch 1 ; 2006 No. 29 s 512 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2021 No. 24 s 36 (sec.399-ssec.1) This section applies to a person who is suspected of having committed an indictable offence and is in custody under the Corrective Services Act 2006 or the Youth Justice Act 1992 — for a charge of an offence that has not been decided; or under a sentence for a term of imprisonment or, for a child, a detention order. (sec.399-ssec.2) A police officer may apply to a magistrate for an order ( removal order ) for the removal of the person in custody in a prison or detention centre to the custody of a police officer ( police custody ) for— questioning the person about the offence; or the investigation of the offence. (sec.399-ssec.3) The application may include an application for an extension of the detention period even though the detention period has not started. (sec.399-ssec.4) The application must be— made in person; and sworn and state the grounds on which the order is sought. (sec.399-ssec.5) The magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration. - (a) for a charge of an offence that has not been decided; or - (b) under a sentence for a term of imprisonment or, for a child, a detention order. - (a) questioning the person about the offence; or - (b) the investigation of the offence. - (a) made in person; and - (b) sworn and state the grounds on which the order is sought.