13CApplication for preventative detention order

13C Application for preventative detention order S. 13C(1) amended by Nos 37/2014 s. 10(Sch. item 167.7), 32/2018 s. 11(1). (1) Subject to subsection (1A), an authorised police officer (the ***applicant***) may apply to the Supreme Court for a preventative detention order in relation to a person (the ***subject***) if— (a) the applicant is satisfied that— (i) there are reasonable grounds to suspect that the subject— (B) possesses or has under his or her control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or (ii) making the order would substantially assist in preventing a terrorist act occurring; and (iii) detaining the subject for the period for which the applicant is seeking to have him or her detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii); or (b) the applicant is satisfied that— (ii) it is necessary to detain the subject to preserve evidence of, or relating to, the terrorist act; and (iii) detaining the subject for the period for which the applicant is seeking to have him or her detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii). S. 13C(1A) inserted by No. 32/2018 s. 11(2). (1A) An authorised police officer must make an application under subsection (1) if the person is a child and is in detention under Part 2AA as soon as practicable after the child is taken into custody under that Part but no later than 36 hours after the child is taken into custody under that Part. S. 13C(2) substituted by No. 32/2018 s. 42. (2) A terrorist act referred to in subsection (1)(a) must be capable of being carried out, and could occur, within the next 14 days. S. 13D inserted by No. 5/2006 s. 4.