Once a judicial police officer has put an emergency temporary measure in place, who must apply for an interim measure, and who must put it before the court?
General information · Not legal advice
Material to check
In a practice file we read the emergency temporary measure decision document, the application the judicial police officer sent to the prosecutor, and the prosecutor's petition to the court with its filing stamp, since each of these papers shows a step the provision requires.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the chain the provision sets out: the judicial police officer who made the emergency temporary measure must, without delay, apply to the prosecutor for an interim measure under the relevant provision, the prosecutor who receives that application must petition the court for the measure, the petition must be made within the period the provision sets from the time the emergency measure was made, and the emergency temporary measure decision document must be attached to it.
Another reading takes the second limb: where the interim measure is not petitioned for as the first paragraph requires, or the court makes no decision on it, the emergency temporary measure must be cancelled immediately, so the emergency measure has no life of its own beyond that petition, though the provision does not say how 'immediately' is to be measured.
Your judgment
If the emergency temporary measure decision document was not attached to the petition, how could the file show whether the petition met the provision's requirement?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the chain of actors, the period for the petition or the duty to cancel, or if a court decision clarifies when the cancellation must take effect.