sch.11-sec.24Applications for removal orders— Act , s 399

sch.11-sec.24 Applications for removal orders— Act , s 399

This section sets out the responsibilities of a police officer who applies for a removal order under section 399 (2) of the Act in relation to a person who is suspected of having committed an indictable offence. The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 399 (4) (b) of the Act — the name and age of the person; and the location of the person; and whether the person is in custody— for an offence that has not been dealt with; or under a sentence for a term of imprisonment; or if the person is a child—under a detention order; and whether the removal of the person into police custody is for— questioning the person about the indictable offence; or a stated investigative procedure related to the indictable offence; and information or evidence about the nature and seriousness of the indictable offence; and information or evidence being relied on to— support the suspicion mentioned in section 399 (1) of the Act ; and satisfy the magistrate of the matters mentioned in section 401 of the Act ; whether the person has been advised of the application. (sch.11-sec.24-ssec.1) This section sets out the responsibilities of a police officer who applies for a removal order under section 399 (2) of the Act in relation to a person who is suspected of having committed an indictable offence. (sch.11-sec.24-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 399 (4) (b) of the Act — the name and age of the person; and the location of the person; and whether the person is in custody— for an offence that has not been dealt with; or under a sentence for a term of imprisonment; or if the person is a child—under a detention order; and whether the removal of the person into police custody is for— questioning the person about the indictable offence; or a stated investigative procedure related to the indictable offence; and information or evidence about the nature and seriousness of the indictable offence; and information or evidence being relied on to— support the suspicion mentioned in section 399 (1) of the Act ; and satisfy the magistrate of the matters mentioned in section 401 of the Act ; whether the person has been advised of the application.

• (a) the officer’s name, rank, registered number and station;
• (b) as part of the information required under section 399 (4) (b) of the Act — (i) the name and age of the person; and (ii) the location of the person; and (iii) whether the person is in custody— (A) for an offence that has not been dealt with; or (B) under a sentence for a term of imprisonment; or (C) if the person is a child—under a detention order; and (iv) whether the removal of the person into police custody is for— (A) questioning the person about the indictable offence; or (B) a stated investigative procedure related to the indictable offence; and (v) information or evidence about the nature and seriousness of the indictable offence; and (vi) information or evidence being relied on to— (A) support the suspicion mentioned in section 399 (1) of the Act ; and (B) satisfy the magistrate of the matters mentioned in section 401 of the Act ;