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Police Officer Failing to Explain the Extension of a Preventative Detention Order

Police officer failing to explain the extension of a preventative detention order is an offence under section 105.45(a)(b)(iii) 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 a police officer who detained a person under a continued preventative detention order, and,
  2. You contravened the safeguard contained in section 105.30 of the Act.

Section 105.30 requires a police officer who detains a person under an extended or further extended preventative detention order to inform the person as soon as practicable that he or she is being detained under such an order.

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

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