sch.11-sec.25Application for extensions of detention periods— Act , s 405

sch.11-sec.25 Application for extensions of detention periods— Act , s 405

This section sets out the responsibilities of a police officer who applies under section 405 (1) of the Act for an order extending a detention period for a person detained under section 403 of the Act for the purpose of investigating or questioning the person about an indictable offence. Before the application is made, the police officer must— tell the person, or the person’s lawyer, that the police officer intends to make the application; and give the person, or the person’s lawyer, a copy of the application; and ask the person, or the person’s lawyer, if the person— agrees to, or will oppose, the proposed application; and will make submissions, or wishes to say anything, to the person hearing the application. The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; the person’s name, age and address; 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; whether the person is an Aboriginal person, a Torres Strait Islander person, a child, or a person with impaired capacity; if the person is a child—whether a parent of the person has been advised of the person’s detention; whether, since the questioning or detention started, the person has asked to telephone or speak to, or has spoken to, a relative, friend, lawyer or support person; for how long the person had been questioned when the detention period started; whether there have been any delays to the questioning; the information or evidence being relied on to satisfy the person hearing the application of the matters mentioned in section 406 (1) of the Act , including, for example— what investigations have taken place in relation to the indictable offence; and why further detention of the person is considered necessary; and the period the police officer reasonably anticipates will be necessary for further questioning; as part of the information required under section 405 (4) of the Act —the length and purpose of the time out. The police officer must tell the person hearing the application whether or not the person, or the person’s lawyer, has indicated that the person will make submissions, or wishes to say anything, to the person hearing the application. (sch.11-sec.25-ssec.1) This section sets out the responsibilities of a police officer who applies under section 405 (1) of the Act for an order extending a detention period for a person detained under section 403 of the Act for the purpose of investigating or questioning the person about an indictable offence. (sch.11-sec.25-ssec.2) Before the application is made, the police officer must— tell the person, or the person’s lawyer, that the police officer intends to make the application; and give the person, or the person’s lawyer, a copy of the application; and ask the person, or the person’s lawyer, if the person— agrees to, or will oppose, the proposed application; and will make submissions, or wishes to say anything, to the person hearing the application. (sch.11-sec.25-ssec.3) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; the person’s name, age and address; 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; whether the person is an Aboriginal person, a Torres Strait Islander person, a child, or a person with impaired capacity; if the person is a child—whether a parent of the person has been advised of the person’s detention; whether, since the questioning or detention started, the person has asked to telephone or speak to, or has spoken to, a relative, friend, lawyer or support person; for how long the person had been questioned when the detention period started; whether there have been any delays to the questioning; the information or evidence being relied on to satisfy the person hearing the application of the matters mentioned in section 406 (1) of the Act , including, for example— what investigations have taken place in relation to the indictable offence; and why further detention of the person is considered necessary; and the period the police officer reasonably anticipates will be necessary for further questioning; as part of the information required under section 405 (4) of the Act —the length and purpose of the time out. (sch.11-sec.25-ssec.4) The police officer must tell the person hearing the application whether or not the person, or the person’s lawyer, has indicated that the person will make submissions, or wishes to say anything, to the person hearing the application.