Victorian Current Acts

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Police remand

S. 10AA(1) amended by No. 3/2018 s. 23(7).

    (1)     Subject to subsection (2), this section applies to any arrested person mentioned in section 10(1) and for whom bail is refused under section 10(5) by a bail decision maker who is a police officer of or above the rank of sergeant or for the time being in charge of a police station.

    (2)     This section does not apply to an arrested person who is—

        (a)     a child; or

        (b)     a vulnerable adult; or

        (c)     an Aboriginal person; or

S. 10AA(2)(d) amended by No. 3/2018 s. 24(3).

        (d)     a person arrested on an enforcement warrant issued under the Fines Reform Act 2014 .

    (3)     For the purposes of this section—

        (a)     a person may be considered to be a vulnerable adult or an Aboriginal person if the police officer is of the opinion that the person is such a person; and

        (b)     a police officer, in considering whether an arrested person is an Aboriginal person, must have regard to any statement made by the arrested person (whether or not in response to a question asked by the police officer) as to whether they are an Aboriginal person.

    (4)     If bail is refused under section 10(5) for a person to whom this section applies, the police officer must—

        (a)     endorse on the warrant, file or other papers relating to the arrested person or in any register or record of persons in custody the reasons for refusing bail; and

        (b)     remand the person in custody to appear before a court as soon as practicable within the period of 48 hours after being so remanded; and

        (c)     cause to be produced before the court a copy of the endorsement mentioned in paragraph (a); and

        (d)     advise the arrested person that they are entitled, should they so wish, to apply for bail when they appear before the court; and

        (e)     give the person a written statement setting out the provisions of this section and of section 10(5).

    (5)     The police officer must not remand the person in custody under subsection (4)(b) if the police officer considers that it is not practicable for the person to be brought before a court within the next 48 hours (including appearing before it by audio visual link).

    (6)     In the circumstances mentioned in subsection (5) the person must be brought before a bail justice as soon as practicable.

    (7)     If a person remanded in custody under subsection (4)(b) is not brought before a court within 48 hours after being so remanded, the person must be brought before a bail justice as soon as practicable after the expiry of that period of 48 hours.

S. 10A inserted by No. 26/2017 s. 8.

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