Victorian Numbered Acts

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MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 (NO 79 OF 2004) - SECT 46

Warrant for arrest of witness

    (1)     Where, on application by a member of the police force, the Supreme Court is satisfied by evidence on oath that there are reasonable grounds to believe—

        (a)     that a person in relation to whom a witness summons has been issued under Part 2—

              (i)     has absconded or is likely to abscond; or

              (ii)     is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons; or

        (b)     that a person has committed an offence under section 37(1) or is likely to do so—

the Court may issue a warrant for the arrest of the person.

    (2)     The warrant may be executed by any member of the police force and the person executing it has power to break into and enter any premises, vessel, aircraft or vehicle for the purpose of executing it.

    (3)     The warrant may be executed even if the warrant is not at the time in the possession of the person executing it.

    (4)     A person executing the warrant may only use the reasonable force that is necessary for the execution of the warrant.

    (5)     Where a person is arrested under the warrant, he or she must be brought, as soon as practicable, before the Supreme Court and the Court may—

        (a)     admit the person to bail, with any security that the Court thinks fit, on any conditions that the Court thinks necessary to ensure the appearance of the person as a witness before the Chief Examiner; or

        (b)     order the continued detention of the person in police custody for the purpose of ensuring his or her appearance as such a witness until the person has concluded giving evidence; or

        (c)     if the Court is satisfied that there are reasonable grounds to believe that it is necessary to prevent the person from escaping from police custody or to ensure the safety of the person, order the detention of the person in a prison or a police gaol for the purpose of ensuring his or her appearance as such a witness until the person has concluded giving evidence; or

        (d)     order the release of the person.

    (6)     Where a person is under detention under this section, the person must, within 14 days after he or she was brought, or last brought, before the Supreme     Court in accordance with this section, or within such shorter or longer time as the Court has fixed on the last previous appearance of the person before the Court under this section, be again brought before the Court and the Court may then exercise any of the powers of the Court under sub-section (5).

    (7)     If a person under detention in police custody under this section, other than a person detained in accordance with an order made under sub-section (5)(c), is required to be detained overnight, the Chief Commissioner must arrange for the person to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight.

    (8)     If a person is detained in a prison in accordance with an order made under sub-section (5)(c), the Supreme Court may make an order for the person to be delivered into the custody of a member of the police force for the purpose of bringing the person before the Chief Examiner.



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