17MTemporary removal of electronic monitoring device if person arrested

17M Temporary removal of electronic monitoring device if person arrested

(1) A police officer or a police custody officer may remove an electronic monitoring device being worn by a person if the person is arrested on suspicion of having committed an offence.

(2) If practicable, before removing the electronic monitoring device, a police officer or police custody officer must inform the person of the following—

(a) the removal is to occur; and

(b) the person may consent to the removal; and

(c) if consent is not given, reasonable force may be used to remove the device.

(3) If the person does not consent to the removal of the electronic monitoring device, a police officer or police custody officer may use reasonable force to remove the device from the person.

(4) If a person whose electronic monitoring device is removed under subsection (1) is to be released from custody, the fact that the person is not yet again wearing an electronic monitoring device—

(a) does not prevent the person being released from custody; and

(b) does not provide a basis on which to continue to detain the person.

The Secretary has power to direct that an electronic monitoring device be fitted to the person, and the person's obligation under the electronic monitoring conditions is to wear a device fitted in accordance with such a direction—see section 17E(1)(a).

Division 3—Miscellaneous