133BSecretary may allow temporary removal of detainee in connection with police investigation

133B Secretary may allow temporary removal of detainee in connection with police investigation

[Section 133B Inserted by No. 49 of 2007, s. 9, Applied:13 Dec 2007]

(1)  The Secretary may allow a police officer to remove a detainee from a detention centre for a period not exceeding 6 hours if satisfied that –

(a) it is for the purposes of a police investigation; and

(b) police access or further access to the detainee under section 133A would not suffice for those purposes or cannot for any reason take place; and

(c) the detainee has no objection.

(2)  The detainee's removal is to be on such conditions as to time, duration, termination, supervision, secrecy, reporting or otherwise as the Secretary thinks fit and it is the duty of the detention centre manager and all police officers to comply with those conditions.

(3)  The Secretary, by any available means, may vary the conditions at any time.

(4)  The detainee has the following rights in respect of the removal:

(a) to confer, on request, with a legal representative before it takes place, either in person or by telephone or video link;

(b) to be accompanied, on request, by a legal representative, a parent or other relative, a guardian or an independent person;

(c) to refuse to answer any question that may be put to the detainee;

(d) to refuse to participate in any activity related to the police investigation;

(e) to be returned, on request made or signified by any means at any time, to the detention centre.

(5)  The removal of a detainee from a detention centre under and in accordance with this section is lawful notwithstanding the terms of any detention order or the operation of any other law.