26XArrangement for detainee to be held in prison

26X Arrangement for detainee to be held in prison

26X Arrangement for detainee to be held in prison

(1) A police officer who is detaining a person (the subject) under a preventative detention order may arrange, with the Commissioner of Corrective Services, for the subject to be detained under the order at a correctional centre.

(2) If an arrangement is made under subsection (1)—

(a) the police officer making the arrangement is to provide the person in charge of the correctional centre with written notice of the arrangement, a copy of the preventative detention order and any prohibited contact order that is in force in relation to the subject’s detention, and

(b) the preventative detention order is taken to authorise the person in charge of the correctional centre to detain the subject at the correctional centre while the order is in force in relation to the subject, and

(c) section 26ZC (Humane treatment of person being detained) applies in relation to the subject’s detention under the order at the correctional centre as if—

(i) the person in charge of that correctional centre, or

(ii) any other person involved in the subject’s detention at that correctional centre,

were a person exercising authority under the order or implementing or enforcing the order, and

(d) the police officer who made the arrangement (or another police officer designated by the Commissioner or a Deputy Commissioner of Police or by an Assistant Commissioner of Police responsible for counter-terrorism operations) is taken, while the subject is detained at the correctional centre, to be the police officer detaining the subject for the purposes of this Part, and

(e) a police officer may, for the purposes of exercising functions under the order, enter at any time the correctional centre and visit the subject in the correctional centre.

(2A) The provisions of or made under the Crimes (Administration of Sentences) Act 1999 or the Children (Detention Centres) Act 1987 (as the case requires) apply to the subject when detained under an arrangement in force under this section in the same way as they apply to an inmate (within the meaning of the Crimes (Administration of Sentences) Act 1999) or a detainee (within the meaning of the ), except to the extent that any such provision—