Detention Application by Police Refused

Detention Application by the Police under s22B of the Bail Act 2013, was refused by the Court. The amendments were passed on 23 June 2022 and were assented to, and applied from, 27 June 2022.

Our client is an elderly man subject to an onerous extended supervision order under the Terrorism (High-Risk Offenders) Act 2017. The Police alleged our client breached his ESO condition by interacting with a person excluded from his association list (which was a list of more than 50 persons he was not allowed to associate with).


Our client was subsequently charged with two counts of; Fail to comply with extended supervision order T2 Terrorism (High-Risk Offenders) Act 2017. Our client’s orders were extremely onerous. These included that;


1) The defendant must obey all reasonable directions of an EO (including in respect of providing a schedule of movements. The defendant must not associate (including using third parties) with any person or persons specified by an EO, whether face to face or by written correspondence or electronic means. The defendant must inform an Enforcement Officer of the identity of any person with whom he does, or is likely to, regularly associate and that the defendant must not contact, attempt to communicate with, or otherwise associate or affiliate with other persons held in custody or with any person he is aware is subject to a control order, on parole or otherwise subject to a supervision order without prior approval of an Enforcement Officer.


Our client was refused bail by the Police, but we successfully argued to obtain bail on behalf of our client. Two days later, the Police brought a detention application under s22B of the Bail Act 2013. The amendments were passed on 23 June 2022 and were assented to, and applied from, 27 June 2022.

Our principal criminal defence lawyer, Mohammad Khan, prepared the application to make submissions on our client’s behalf overnight. We prepared extensive documents to be submitted to the Court in relation to the current onerous nature of the Extension Supervision orders made against our client, and his previous compliance with them.


In addition, submissions that the Court could not be satisfied that there is no other alternative but a full-time custodial sentence and that the application by the Police should be refused.

After extensive submissions and arguments for more than two hours, the Court refused to detain our client into custody and refused the police application.

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