Victorian Current Acts Victorian Current Acts(1) A warrant to arrest authorises the person to whom it is directed—
(a) to break, enter and search any place where the person named or described in the warrant is suspected to be; and
(b) to arrest the person named or described in the warrant.
(2) The person to whom a warrant to arrest is directed must cause the person named or described in the warrant when arrested—
S. 64(2)(a) amended by No. 49/1990 s. 5(a).
(a) to be brought before a bail justice or the Court within a reasonable time of being arrested to be dealt with according to law; or
(b) to be released on bail in accordance with the endorsement on the warrant.
Note to s. 64(2) inserted by No. 26/2017 s. 24(1).
Note
Section 10A or 12 of the Bail Act 1977 applies on a person being brought before a bail justice or the Court at the expiration of the reasonable time referred to in subsection (2)(a).
S. 64(3) amended by No. 26/2017 s. 24(2).
(3) A person arrested on a warrant to arrest may be discharged from custody on bail in accordance with the Bail Act 1977 .
S. 64(4) inserted by No. 49/1990 s. 5(b).
(4) In determining what constitutes a reasonable time for the purposes of subsection (2)(a) the matters specified in section 464A(4) of the Crimes Act 1958 may be considered.
S. 64(4A) inserted by No. 70/2010 s. 27(1).
(4A) If a person is brought before a bail justice or the Court in accordance with subsection (2)(a), the bail justice or the Court is not bound by the endorsement on the warrant when determining any matter in relation to bail.
S. 64(5) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 34.8), amended by No. 70/2010 s. 27(2).
(5) Subsections (2), (3), (4) and (4A) do not apply in respect of a warrant authorised to be issued under section 194 of the Evidence Act 2008 .