Page:Security Offences (Special Measures) Act 2012.pdf/21

Rh Access by police to detainees or prisoners

29. Notwithstanding any other written law, a police officer conducting an investigation under this Act shall be allowed to have access to any person whom he has reason to believe to be involved in a security offence who is—
 * (a) being detained under any other written law; or
 * (b) under confinement in prison, whether convicted or not.

Detention pending exhaustion of legal process

30. (1) Notwithstanding Article 9 of the Federal Constitution, if the trial court acquits an accused of a security offence the Public Prosecutor may make an oral application to the court for the accused to be remanded in prison pending a notice of appeal to be filed against his acquittal by the Public Prosecutor.

(2) Upon application by the Public Prosecutor under subsection (1), the court shall remand the accused in prison pending the filing of the notice of appeal.

(3) When the Public Prosecutor files a notice of appeal against the acquittal, the Public Prosecutor may apply to the trial court for an order to commit the accused remanded in custody of the police to prison pending the disposal of the appeal.

(4) Upon application by the Public Prosecutor under subsection (3), the court shall commit the accused to prison pending the disposal of the appeal.

(5) If the appeal of the Public Prosecutor is dismissed and the order of acquittal is affirmed, the Public Prosecutor may make an oral application to the court for the accused to be remanded in prison pending a notice of appeal to be filed against the decision of the Court of Appeal by the Public Prosecutor.

(6) Upon application by the Public Prosecutor under subsection (5), the court shall remand the accused in prison pending the filing of the notice of appeal.

(7) An accused committed to prison under this section shall be held until all appeals are disposed of.