sec.411BApplication for police assistance removal order

### sec.411B Application for police assistance removal order This section applies in relation to a person, other than a child, who— having been admitted to a watch-house, is taken to be in the commissioner’s custody under the Corrective Services Act 2006 , section 8 ; and before being taken to a corrective services facility, wishes to provide information to help the police service to investigate an offence or gather intelligence in relation to criminal activity on the basis that the person is not a suspect for— the offence the subject of the investigation; or an offence involved in the criminal activity; and is able to provide the information only by being removed from the watch-house and taken to a place that is not a police establishment. A police officer may apply to a magistrate for an order (a police assistance removal order ) for the removal of the person in custody (the relevant person ) to the custody of a police officer to enable the person to provide information to help the police service investigate an offence or gather intelligence in relation to criminal activity. Before making an application for a police assistance removal order, a police officer must obtain the approval of a police officer of at least the rank of superintendent who has been appointed as a detective. See also sections 411C and 411D . 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 411B ins 2021 No. 24 s 37 amd 2023 No. 7 s 26 (sec.411B-ssec.1) This section applies in relation to a person, other than a child, who— having been admitted to a watch-house, is taken to be in the commissioner’s custody under the Corrective Services Act 2006 , section 8 ; and before being taken to a corrective services facility, wishes to provide information to help the police service to investigate an offence or gather intelligence in relation to criminal activity on the basis that the person is not a suspect for— the offence the subject of the investigation; or an offence involved in the criminal activity; and is able to provide the information only by being removed from the watch-house and taken to a place that is not a police establishment. (sec.411B-ssec.2) A police officer may apply to a magistrate for an order (a police assistance removal order ) for the removal of the person in custody (the relevant person ) to the custody of a police officer to enable the person to provide information to help the police service investigate an offence or gather intelligence in relation to criminal activity. (sec.411B-ssec.3) Before making an application for a police assistance removal order, a police officer must obtain the approval of a police officer of at least the rank of superintendent who has been appointed as a detective. See also sections 411C and 411D . (sec.411B-ssec.4) The application must be— made in person; and sworn and state the grounds on which the order is sought. (sec.411B-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) having been admitted to a watch-house, is taken to be in the commissioner’s custody under the Corrective Services Act 2006 , section 8 ; and - (b) before being taken to a corrective services facility, wishes to provide information to help the police service to investigate an offence or gather intelligence in relation to criminal activity on the basis that the person is not a suspect for— (i) the offence the subject of the investigation; or (ii) an offence involved in the criminal activity; and - (i) the offence the subject of the investigation; or - (ii) an offence involved in the criminal activity; and - (c) is able to provide the information only by being removed from the watch-house and taken to a place that is not a police establishment. - (i) the offence the subject of the investigation; or - (ii) an offence involved in the criminal activity; and - (a) made in person; and - (b) sworn and state the grounds on which the order is sought.