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Inhumane Treatment of Person Detained Under a Preventative Detention Order

Inhumane treatment of person detained under a preventative detention order is an offence under section 105.45(a)(b)(iv) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were exercising authority under, or implementing or enforcing, a preventative detention order, and,
  2. You contravened the safeguard contained in section 105.33 of the Act.

Section 105.33 states that a person who is exercising authority under, or implementing or enforcing, a preventative detention order:

  1. Must treat a person who is being taken into custody or detained under the order with humanity and respect for human dignity, and,
  2. Must not subject the person to cruel, inhuman or degrading treatment.

Duress, self-defence and necessity are legal defences to the charge.

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