78B Arrest and detention for breach of parole order S.78B inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13). (1) A police officer may, without warrant, arrest a S. 78B(1) amended by prisoner released under a parole order if he or she No. 37/2014 suspects on reasonable grounds that the prisoner s. 10(Sch. item 32.13). has committed an offence against section 78A. (2) A prisoner who is arrested under subsection (1), or S. 78B(2) amended by under any power of arrest that a police officer has No. 37/2014 under any Act or law if the prisoner is suspected s. 10(Sch. item 32.13). on reasonable grounds of committing an offence against section 78A, may be detained in custody if the police officer who arrested the prisoner is satisfied that— (a) the breach of a term or condition of the parole order that constitutes the offence is not trivial or minor; and (b) the detention is necessary to prevent the prisoner continuing the breach or committing a further breach of a term or condition of the parole order. (3) A prisoner who is arrested under subsection (1), or S. 78B(3) amended by under any power of arrest that a police officer has No. 37/2014 under any Act or law if the prisoner is suspected s. 10(Sch. item 32.13). on reasonable grounds of committing an offence against section 78A, must be detained in custody if the alleged breach of a term or condition of the parole order is— (a) the commission of an offence punishable by imprisonment, other than an offence against section 78A; or (b) a breach of a term or condition of the parole order that is prescribed for the purposes of this section.
S.78B inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13). 78B Arrest and detention for breach of parole order S. 78B(1) amended by No. 37/2014 s. 10(Sch. item 32.13). (1) A police officer may, without warrant, arrest a prisoner released under a parole order if he or she suspects on reasonable grounds that the prisoner has committed an offence against section 78A. S. 78B(2) amended by No. 37/2014 s. 10(Sch. item 32.13). (2) A prisoner who is arrested under subsection (1), or under any power of arrest that a police officer has under any Act or law if the prisoner is suspected on reasonable grounds of committing an offence against section 78A, may be detained in custody if the police officer who arrested the prisoner is satisfied that— (a) the breach of a term or condition of the parole order that constitutes the offence is not trivial or minor; and (b) the detention is necessary to prevent the prisoner continuing the breach or committing a further breach of a term or condition of the parole order. S. 78B(3) amended by No. 37/2014 s. 10(Sch. item 32.13). (3) A prisoner who is arrested under subsection (1), or under any power of arrest that a police officer has under any Act or law if the prisoner is suspected on reasonable grounds of committing an offence against section 78A, must be detained in custody if the alleged breach of a term or condition of the parole order is— (a) the commission of an offence punishable by imprisonment, other than an offence against section 78A; or (b) a breach of a term or condition of the parole order that is prescribed for the purposes of this section.
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