Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 200I

Functions and powers of police custody officers in relation to persons they supervise or transport

    (1)     A police custody officer has the following functions in relation to a person the police custody officer is supervising or transporting 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;

        (f)     to take all reasonable steps to ensure that the person is transported to or from the appropriate place as directed by the Chief Commissioner under this Division;

        (g)     to take all reasonable steps to ensure that the person is supervised as directed by the Chief Commissioner under this Division.

    (2)     A police custody officer has the following powers in relation to a person the police custody officer is supervising or transporting 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;

        (d)     to apply an instrument of restraint to the person for the duration of the supervision or transport of the person if the Chief Commissioner 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 supervision or transport of a person if the conduct of the person during that supervision or transport 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;

        (f)     to continue the application of an instrument of restraint to the person for the duration of the supervision or transport of the person if a police officer applied an instrument of restraint to the person and the police officer believes on reasonable grounds that the application of an 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 subsection (2) must as soon as practicable inform a police officer.

    (4)     A police officer who is informed under subsection (3) must deal with any thing, other than a drug of dependence, that is seized under this section in accordance with the Chief Commissioner's instructions.

S. 200J inserted by No. 59/2015 s. 7.



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