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CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 60
Power of detention to enable notice to be given
60 Power of detention to enable notice to be given
(1) This section applies if there are reasonable grounds to suspect that—
(a) a person is a reportable offender; and
(b) the person has not been given
notice, or is otherwise unaware, of the person’s reporting obligations.
(2)
A police officer may detain the person if it is reasonably necessary to do
so— (a) to enable a decision to be made about— (i) whether or not the
person is a reportable offender; or
(ii) if the person is a
reportable offender—whether or not the person has been given notice, or is
aware, of the person’s reporting obligations; or
(b) to enable the person
to be given notice of those obligations if the person is not aware of them.
(3) When detaining the person, the police officer must tell the person— (a)
why the person is being detained; and
(b) that the detention is authorised
under this Act; and
(c) that the person will be released immediately after
the reasons for the detention are satisfied.
(4) The detained person— (a)
may be taken to the nearest police station; and
(b) must— (i) not be held
for longer than is reasonably necessary to enable the purpose of the detention
to be satisfied; and
(ii) not be held only because the person has refused to
sign an acknowledgement that the person has been given notice of the
person’s reporting obligations; and
(iii) be released immediately after the
purpose of detention is satisfied.
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