Victorian Numbered Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 491

    (1)     Without limiting the generality of Subdivision (30) of Division 1 of Part III of the Crimes Act 1958 , a member of the police force may at any time, on the request of the officer in charge of a youth justice centre, without warrant apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law, a person of or above the age of 18 years" "who—

        (a)     is serving a period of detention in the youth justice centre; and

        (b)     is being charged with an offence alleged to have been committed within the youth justice centre while serving the period of detention.

    (2)     Section 49 of the Magistrates' Court Act 1989 and section 5A of the Bail Act 1977 do not apply to a defendant in a criminal proceeding who has been apprehended under sub-section (1) of this section if the Magistrates' Court, County Court or Supreme Court, as the case may be, is satisfied that the defendant—

        (a)     has engaged in conduct that threatens the good order and safe operation of the youth justice centre; and

        (b)     is unable to be properly controlled in the youth justice centre.