Victorian Current Acts Victorian Current ActsS. 104C(1)
amended by No. 59/2015
s. 19(1), substituted by No. 45/2017 s. 37(1).
(1) For the good order or security of a police gaol or detained persons—
(a) the officer in charge of the police gaol may, at any time—
(i) exercise any of the powers under subsection (1A) or (1B); or
(ii) order a police custody officer supervisor to exercise any of the powers under subsection (1A) or (1B); or
(iii) order a police officer or a police custody officer to exercise any of the powers under subsection (1A) or (1B); or
(b) a police custody officer supervisor may, at any time—
(i) exercise any of the powers under subsection (1A); or
(ii) order a police custody officer to exercise any of the powers under subsection (1A).
S. 104C(1A) inserted by No. 45/2017 s. 37(1).
(1A) In conducting a search under subsection (1), the officer in charge of a police gaol, a police custody officer supervisor, a police officer or a police custody officer may—
(a) search any part of the police gaol; or
(b) search and examine any charged person, a visitor to the police gaol, a police custody officer or any other person in the police gaol (other than a police officer); or
(c) search and examine any thing in the police gaol or held by Victoria Police on behalf of a detained person; or
(d) as well as the formal search required by section 104B, require a person wishing to enter a police gaol to submit to a search and examination of the person and of any thing in the person's possession or under the person's control; or
(e) conduct any search under paragraph (a), (b), (c) or (d) at random.
S. 104C(1B) inserted by No. 45/2017 s. 37(1).
(1B) In conducting a search under subsection (1)(a), the officer in charge of a police gaol, a police custody officer supervisor, a police officer or a police custody officer may—
(a) search and examine a police officer; or
(b) conduct a search under paragraph (a) at random.
S. 104C(2) amended by No. 45/2017 s. 37(2).
(2) Subsection (1A)(b) and (c) do not apply to a visitor to a police gaol or person wishing to enter a police gaol who is—
(a) a judge of the Supreme Court or County Court; or
(b) a magistrate; or
(c) a relative or friend of a detained person; or
S. 104C(2)(d) amended by No. 48/2006 s. 42(Sch. item 8.6).
(d) visiting a detained person who is a child within the meaning of the Children, Youth and Families Act 2005 .
S. 104C(3) amended by Nos
59/2015
s. 19(2), 45/2017 s. 37(3).
(3) The officer in charge of a police gaol may search or examine or order a police officer, a police custody officer supervisor or a police custody officer to search or examine a detained person (other than a charged person) if the officer in charge believes on reasonable grounds that the search or examination is necessary—
(a) for the security or good order of the police gaol; or
(b) for the safety of persons at the police gaol (whether in custody or not); or
(c) to locate a weapon, or any thing that may be used in the escape of a person from a police gaol; or
(d) to locate any thing connected with, or affording evidence of, the commission of the offence for which the person is detained in the police gaol.
S. 104C(3A) inserted by No. 45/2017 s. 37(4).
(3A) A police custody officer supervisor may search or examine or order a police custody officer to search or examine a detained person (other than a charged person) if the police custody officer supervisor believes on reasonable grounds that the search or examination is necessary—
(a) for the security or good order of the police gaol; or
(b) for the safety of persons at the police gaol (whether in custody or not); or
(c) to locate a weapon, or any thing that may be used in the escape of a person from a police gaol; or
(d) to locate any thing connected with, or affording evidence of, the commission of the offence for which the person is detained in the police gaol.
S. 104C(4) amended by Nos 59/2015 s. 19(3), 45/2017 s. 37(5).
(4) If a person, other than a detained person, a police officer or a police custody officer, refuses to submit to be searched under this section while inside the police gaol, the officer in charge of the police gaol or a police custody officer supervisor (as the case requires) may order the person to leave the police gaol immediately.
(5) A person must comply with an order under subsection (4).
Penalty: 5 penalty units.
S. 104C(6) amended by No. 45/2017 s. 37(6).
(6) The officer in charge of a police gaol or a police custody officer supervisor (as the case requires) may at any time make an order terminating a search under this section.
S. 104C(7) inserted by No. 45/2017 s. 37(7).
(7) The officer in charge of a police gaol may overturn a decision of a police custody officer supervisor under subsection (1)(b) or (3A) and decide the matter.
S. 104D inserted by No.
45/1996
s. 11.