Who may ask a prosecutor or a police officer to seek a temporary measure, and what must a police officer do when it decides not to apply?
General information · Not legal advice
Material to check
The exercise file holds the report or application that first raised the child abuse crime, the paper in which each requester states who they are within the class of victim children and others, such as the victim child's legal representative, a lawyer, a mayor or the head of a child protection agency, and any notice from a police officer stating reasons for not applying.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading places the request power within the class of victim children and others the provision names, together with that person's legal representative, a lawyer, a metropolitan or provincial mayor, a city, county or district mayor, or the head of a child protection agency, each of whom may ask the prosecutor or a police officer to make the application or to apply, or may give an opinion on it.
Another reading notes the limit inside the notification duty: it falls only on a police officer who has received a request and does not apply for the measure, and that officer must notify both the prosecutor and the person who made the request of the reason, while the provision requires no particular content for that reason and does not require a prosecutor who declines a request to notify a reason.
Your judgment
Where a requester was told only that no application would be made, what in the file would show which reason, if any, the police officer recorded for not applying?
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 add holders of the right to request, to extend the duty to notify reasons to a prosecutor, or to state what a reason notice must contain, or if a court decision addresses those points.