133CCourt may authorise temporary removal of detainee in connection with police investigation

133C Court may authorise temporary removal of detainee in connection with police investigation

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

(1)  The Court, on the application of a commissioned police officer, may issue a warrant authorising that commissioned police officer or another police officer to remove a detainee from a detention centre temporarily if the Court is 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 removal cannot, for any reason, be effected under section 133B .

(2)  If issued, the warrant is authority for the detention centre manager to allow the police officer named in the warrant to remove the detainee from the detention centre, once, for such temporary period and on such terms as the Court specifies in the warrant.

(3)  The Court may revoke the warrant at any time before it would otherwise expire.

(4)  In determining the terms of the warrant, the Court may have regard to –

(a) the nature of the police investigation; and

(b) the physical and mental condition, and cultural background, of the detainee; and

(c) the principles in section 5 ; and

(d) such other considerations as the Court thinks fit.

(5)  For the purposes of subsection (4)(b) , the Court may direct the applicant for the warrant to obtain a report on the detainee from the Secretary and furnish that report to the Court within such time as the Court, by the direction, specifies.

(6)  For the avoidance of doubt, a warrant under this section –

(a) is not capable of being applied for or issued by telephone; and