13PPower to detain person under preventative detention order

13P Power to detain person under preventative detention order

(1) While a preventative detention order is in effect in relation to a person—

S. 13P(1)(a) amended by No. 37/2014 s. 10(Sch. item 167.13).

(a) any police officer may take the person into custody; and

Note to s. 13P(1)(a) inserted by No. 32/2018 s. 20(1).

See also sections 6(ca) and 6D(1) of the Corrections Act 1986.

S. 13P(1)(b) amended by No. 37/2014 s. 10(Sch. item 167.13).

(b) any police officer may detain the person.

S. 13P(2) amended by No. 37/2014 s. 10(Sch. item 167.13).

(2) A police officer may, for the purpose of taking a person into custody under a preventative detention order or preventing him or her from escaping from detention under the order, exercise any of the powers that he or she would have if he or she were apprehending the person under a belief on reasonable grounds that the person had committed an indictable offence in Victoria or was escaping from legal custody.

(3) Subsection (2) does not apply to the extent to which particular powers are provided for in this Part.

S. 13P(4) amended by No. 37/2014 s. 10(Sch. item 167.13).

(4) If a preventative detention order is made in relation to a person, the Chief Commissioner of Police must nominate a police officer of or above the rank of superintendent (the nominated senior police officer) to oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order.

(5) The nominated senior police officer must be someone who was not involved in the making of the application for the preventative detention order.

(6) The nominated senior police officer must—

(a) oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and

(b) without limiting paragraph (a), ensure that the provisions of section 13O (which deals with the revocation or variation of preventative detention orders and prohibited contact orders) are complied with in relation to the preventative detention order; and

(c) receive and consider any representations that are made under subsection (7).

(7) The following persons—

(a) the person being detained under a preventative detention order;

S. 13P(7)(b) amended by Nos 34/2008 s. 143(Sch. 2 item 13.4), 82/2012 s. 167(5).

(b) the Ombudsman under the Ombudsman Act 1973 or the IBAC Commissioner;

S. 13P(7)(ba) inserted by No. 32/2018 s. 20(2).