New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 120

120 Information in application for detention warrant

(cf Crimes Act 1900 , s 356I)

(1) An authorised officer must not issue a detention warrant unless the application for the warrant includes the following information--

(a) the nature of any offence under investigation,

(b) the general nature of the evidence on which the person to whom the application relates was arrested,

(c) what investigation has taken place and what further investigation is proposed,

(c1) the period (if any) during which the person has been a protected suspect in relation to the investigation,

(d) the reasons for believing that the continued detention of the person is reasonably necessary to complete the investigation,

(e) the extent to which the person is co-operating in the investigation,

(f) if a previous application for the same, or substantially the same, warrant was refused, details of the previous application and of the refusal and any additional information required,

(g) any other information required by the regulations.

(2) The applicant must provide (either orally or in writing) such further information as the authorised officer requires concerning the grounds on which the detention warrant is being sought.

(3) Nothing in this section requires an applicant for a detention warrant to disclose the identity of a person from whom information was obtained if the applicant is satisfied that to do so might jeopardise the safety of any person.