South Australian Current Acts

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INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009 - SECT 35

35—Powers following service of intervention order

        (1)         If a police officer believes on reasonable grounds that, in conjunction with serving an intervention order, it is necessary to arrest and detain the defendant in custody for a short period to prevent the immediate commission of abuse against a person protected by the order or to enable measures to be taken immediately for the protection of a person protected by the order, the police officer may arrest and detain the defendant in custody (without warrant) for—

            (a)         so long as may be necessary to prevent the immediate commission of abuse against a person protected by the order or to enable measures to be taken immediately for the protection of a person protected by the order; or

            (b)         6 hours or such longer period as is approved by the Court,

whichever is the lesser.

        (2)         The Court may, on application by a police officer, extend a period of detention under subsection (1) if satisfied that it is appropriate to do so in the circumstances, but not so that the aggregate period of detention of the person exceeds 24 hours.



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