(1)  A police officer who is making, or intends to make, an application for an electronic interim restraint order, using such force as is necessary and reasonable –

(a) may detain the person against whom the order is sought at the scene of the behaviour giving rise to the application; or

(b) may take the person against whom the order is sought into custody, remove the person to a place the police officer considers appropriate for the making of the application and detain the person at that place –

for as long as is reasonably necessary for the application to be made and heard and any electronic interim restraint order, or a copy of it, to be provided to the person.

(2)  A person who has been detained to facilitate the making of an electronic interim restraint order has not been taken into custody for the purposes of section 4E of the Bail Act 1994 , section 18 of the Magistrates Court (Criminal and General Division) Act 2019 or section 4 of the Criminal Law (Detention and Interrogation) Act 1995 .