Victorian Current Acts

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CRIMES ACT 1958 - SECT 461

Arrest on reasonable grounds not to be taken to be unlawful

    (1)     Where an apprehension is made under a belief on reasonable grounds in accordance with the provisions of section 458 or section 459 the apprehension shall not cease to be lawful or be taken to be unlawful where it subsequently appears or is found that the person apprehended did not commit the offence alleged.

S. 461(2) amended by Nos 57/1989 s. 3(Sch. item 42.54), 68/2009 s. 97(Sch. item 40.34), 37/2014 s. 10(Sch. item 36.17).

    (2)     A police officer shall not be bound to take into custody or to take before a bail justice or the Magistrates' Court any person found committing an offence if the police officer believes on reasonable grounds that proceedings can effectively be brought against that person by way of summons or notice to appear.

S. 461(3) inserted by No. 68/2009 s. 97(Sch. item 40.35).

    (3)     In subsection (2) "notice to appear" has the same meaning as in the Criminal Procedure Act 2009 .

S. 462 substituted by No. 8247 s. 2.

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