Victorian Current Acts Victorian Current Acts(1) A police custody officer has the following functions in relation to a person the police custody officer is transporting or supervising under this Division—
(a) to take all reasonable steps to prevent the escape or attempted escape of the person from the physical custody of the police custody officer;
(b) to take all reasonable steps to ensure that the person's safety and welfare are maintained;
(c) to take all reasonable steps to prevent and detect the commission by the person of any unlawful act or any attempt to commit an unlawful act;
(d) to take all reasonable steps to ensure the good order and discipline of the person;
(e) to take all reasonable steps to ensure the security of any property that is in the person's possession;
S. 104DB(1)(f) amended by No. 45/2017 s. 39(1).
(f) to take all reasonable steps to ensure that the person is transported to or from, or supervised at, the appropriate place as directed by the Chief Commissioner or a police custody officer supervisor under this Division.
(2) A police custody officer has the following powers in relation to a person the police custody officer is transporting or supervising under this Division—
(a) to order the person to do or not to do anything that the police custody officer believes on reasonable grounds is necessary for the safety of the police custody officer, the person or any other person;
(b) to search and examine the person or any thing in the person's possession or under the person's control if the police custody officer believes on reasonable grounds that this is necessary for the safety of the police custody officer, the person or any other person;
(c) to seize any thing found on the person or in the person's possession or under the person's control if the police custody officer believes on reasonable grounds that this is necessary for the safety of the police custody officer, the person or any other person;
S. 104DB(2)(d) amended by No. 45/2017 s. 39(2).
(d) to apply an instrument of restraint to the person for the duration of the transport or supervision of the person if the Chief Commissioner or a police custody officer supervisor believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent the escape of the person or the assault of, or injury to, any person;
(e) to apply an instrument of restraint to the person during the transport or supervision of a person if the conduct of the person during that transport or supervision has been such that it is reasonable to believe that the application of the instrument of restraint is necessary to prevent the escape of the person or the assault of, or injury to, any person.
(3) A police custody officer who seizes any thing under this section must as soon as practicable inform an officer in charge of a police gaol.
S. 104DC inserted by No.
59/2015
s. 21.