Victorian Current Acts Victorian Current Acts(1) If a prisoner's parole is cancelled or taken to be cancelled, the Board may—
S. 77B(1)(a) amended by No. 37/2014 s. 10(Sch. item 32.12).
(a) authorise any police officer, by warrant signed by the Secretary or a member of the Board, to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; or
(b) whether or not a warrant is issued under paragraph (a), authorise the making of an application to a magistrate for a warrant—
S. 77B(1)(b)(i) amended by No. 37/2014 s. 10(Sch. item 32.12).
(i) authorising any police officer to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; or
(ii) authorising any other officer to arrest the prisoner and return the prisoner to prison.
S. 77B(1A) inserted by No. 45/2017 s. 13.
(1A) Under a warrant issued pursuant to subsection (1)(a), a protective services officer on duty at a designated place may arrest the prisoner if the prisoner is at or in the vicinity of the designated place.
S. 77B(1B) inserted by No. 45/2017 s. 13.
(1B) If a protective services officer arrests a prisoner under subsection (1A), the protective services officer must hand the prisoner into the custody of a police officer as soon as practicable after the prisoner is arrested.
S. 77B(1C) inserted by No. 45/2017 s. 13.
(1C) Subsection (1A) applies despite the warrant not being directed to a named protective services officer or generally all protective services officers.
(2) If a prisoner's parole is cancelled or taken to be cancelled—
(a) the original warrant to imprison or other authority for the person's imprisonment is to be regarded as again in force; and
(b) any period during which the parole order was in force is not to be regarded as time served in respect of the prison sentence unless a direction under section 77C applies.
S. 77C inserted by No. 15/2013 s. 3.