sec.39Application to Supreme Court judge for order ending person’s detention

### sec.39 Application to Supreme Court judge for order ending person’s detention This section applies if a relevant person has been detained under this part because of a CBR emergency. The relevant person’s lawyer or a person nominated by the relevant person (the applicant ) may apply to a Supreme Court judge for an order ending the relevant person’s detention. The application may be made orally or in writing but if made orally can not be made in the absence of the commissioner or the commissioner’s representative. The applicant must immediately give the commissioner notice of when and where the application will be made. The notice may be given orally or in writing, but if given orally must be put in writing as soon as practicable. The judge— must decide the application as quickly as possible; and must have regard to any submissions made by the parties to the application; and may make an order ending the relevant person’s detention only if satisfied the person’s continued detention is not reasonably necessary to prevent a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency; and may not order the applicant to pay the respondent’s costs of the application. The relevant person is not entitled to be present when the application is being heard. s 39 ins 2003 No. 46 s 13 (sec.39-ssec.1) This section applies if a relevant person has been detained under this part because of a CBR emergency. (sec.39-ssec.2) The relevant person’s lawyer or a person nominated by the relevant person (the applicant ) may apply to a Supreme Court judge for an order ending the relevant person’s detention. (sec.39-ssec.3) The application may be made orally or in writing but if made orally can not be made in the absence of the commissioner or the commissioner’s representative. (sec.39-ssec.4) The applicant must immediately give the commissioner notice of when and where the application will be made. (sec.39-ssec.5) The notice may be given orally or in writing, but if given orally must be put in writing as soon as practicable. (sec.39-ssec.6) The judge— must decide the application as quickly as possible; and must have regard to any submissions made by the parties to the application; and may make an order ending the relevant person’s detention only if satisfied the person’s continued detention is not reasonably necessary to prevent a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency; and may not order the applicant to pay the respondent’s costs of the application. (sec.39-ssec.7) The relevant person is not entitled to be present when the application is being heard. - (a) must decide the application as quickly as possible; and - (b) must have regard to any submissions made by the parties to the application; and - (c) may make an order ending the relevant person’s detention only if satisfied the person’s continued detention is not reasonably necessary to prevent a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency; and - (d) may not order the applicant to pay the respondent’s costs of the application.