Victorian Current Acts Victorian Current Acts(1) The nominated senior police officer in relation to a person being detained under this Part must review whether the person's detention under this Part should continue.
(2) Without limiting subsection (1), the nominated senior police officer must—
(a) review the basis for detention under this Part including, whether the grounds on which the police detention decision in relation to the person was made have ceased to exist; and
(b) assess—
(i) whether there are reasonable grounds to believe that the person has committed an indictable offence in Victoria; or
(ii) whether there is sufficient information for an investigating official to arrest the person in respect of the commission of an offence in Victoria, and because of that information, for the person to be in the company of an investigating official to be questioned or to participate in an investigation in order to determine the person's involvement (if any) in the commission of that offence; or
(iii) whether there are reasonable grounds to believe that the person has committed a Commonwealth offence (within the meaning of Part IC of the Crimes Act 1914 of the Commonwealth); or
(iv) whether the person could be a protected suspect (within the meaning of Part IC of the Crimes Act 1914 of the Commonwealth).
(3) In conducting a review, the nominated senior police officer must have regard to—
(a) any submission of a Public Interest Monitor under section 4K in relation to the review; and
(b) any representation made under section 13AZZL.
(4) The nominated senior police officer must conduct a review as soon as practicable after the person is taken into custody under this Part and, after that, no later than 12 hours after the last review.
(5) In deciding when to conduct a review, the nominated senior police officer must have regard to a Public Interest Monitor's availability to perform and exercise the Monitor's functions and powers under Division 2 of Part 1A in relation to the review before it is conducted.
(6) For the purposes of subsection (5), the nominated senior police officer must contact a Public Interest Monitor, in accordance with the regulations, to ascertain that availability.
(7) On completing a review, the nominated senior police officer must, without delay, notify, in writing, the police officer who is detaining that person under this Part of the nominated senior police officer's conclusions on the review.
Note
See also section 4H.
(8) In this section—
investigating official has the meaning given by section 464(2) of the Crimes Act 1958 .
Division 11—Restrictions on disclosure of information relating to detention
S. 13AZZO inserted by No. 32/2018 s. 9.