Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

Division 395 - Community safety orders  

Subdivision F - Provisions relating to community safety order proceedings  

SECTION 395.37   Consequences of sentences ending or orders ceasing to be in force  

(1)    
This section applies in relation to a community safety order proceeding if:

(a)    the proceeding is any of the following:

(i) a proceeding on an application for a community safety order in relation to a serious offender;

(ii) an appeal against a decision to dismiss such an application;

(iii) an appeal against a decision to revoke a community safety order in relation to a serious offender;

(iv) an appeal against a decision (including in a review of such an order) to specify a particular period for which such an order will be in force;

(v) an appeal against a decision under section 395.34 to stay a community safety order proceeding in relation to a serious offender (including a decision under that section to stay a proceeding for a specified period or to impose a specified condition); and

(b)    before the application or appeal is determined (whether before or after the appeal is made) one of the following events occurs:

(i) a sentence of imprisonment referred to in subsection 395.6(1) ends;

(ii) a community safety order in relation to the offender ceases to be in force;

(iii) a community safety order in force in relation to the offender was revoked as referred to in subparagraph (a)(iii) of this subsection.

(2)    
For the purposes of the community safety order proceeding, the offender is taken to remain a serious offender:

(a)    who is serving a sentence of imprisonment; or

(b)    in relation to whom a community safety order is in force;

despite the event in subsection (1) occurring.

Power of police officer to detain serious offender

(3)    
If a community safety detention order is in force in relation to the offender at any time after the offender is released as mentioned in paragraph (1)(b) :

(a)    any police officer may take the offender into custody; and

(b)    any police officer may detain the offender;

for the purpose of giving effect to the order.

(4)    
A police officer, in:

(a)    taking the offender into custody; or

(b)    detaining the offender;

under subsection (3) has the same powers and obligations as the police officer would have if the police officer were arresting the offender, or detaining the offender, for an offence.

(5)    
In subsection (4) :

offence
means:

(a) if the police officer is an AFP member - an offence against a law of the Commonwealth; or

(b) if the police officer is not an AFP member - an offence against a law of the State or Territory of whose police force the police officer is a member.