13EPreventative detention orders

13E Preventative detention orders

(1) The Supreme Court may, on an application under section 13C, make a preventative detention order in relation to a person if—

(a) satisfied on reasonable grounds that—

(i) the person—

(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 person for the period for which he or she is to be detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii); or

(b) satisfied on reasonable grounds that—

(ii) it is necessary to detain the person to preserve evidence of, or relating to, the terrorist act; and

(iii) detaining the person for the period for which he or she is to be detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii).

S. 13E(1A) inserted by No. 72/2011 s. 48(1).

(1A) In making an order under this section, the Supreme Court must have regard to any submissions made by the Public Interest Monitor.

S. 13E(1B) inserted by No. 32/2018 s. 66.

(1B) The Supreme Court may decide that it is satisfied as required by subsection (1) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify making a preventative detention order.

S. 13E(2) substituted by No. 32/2018 s. 43.

(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. 13E(2A) inserted by No. 32/2018 s. 13(1).

(2A) Without limiting subsection (1), the Supreme Court may make a preventative detention order subject to—

(a) a condition that prohibits the questioning, under Division 5A, of the person in relation to whom the order is made while the person is detained under the order (a questioning prohibition condition); or

(b) a condition (a questioning limitation condition) that limits the questioning, under Division 5A, of the person in relation to whom the order is made while the person is detained under the order to specified times in a day or for a specified period, or both.

S. 13E(2B) inserted by No. 32/2018 s. 13(1).

(2B) The Supreme Court may make a preventative detention order subject to a questioning prohibition condition or questioning limitation condition if it is satisfied, on reasonable grounds, that in all the circumstances it is appropriate to do so.