Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 57

Witness already held in custody

    (1)     This section applies if—

        (a)     a witness summons is issued for the purposes of an investigation; and

        (b)     the summons is directed to a person who is held in a prison or police gaol.

    (2)     The Director may give a written direction that the person be delivered into the custody of a member of Victoria Police for the purpose of bringing the person before the Director to provide information, produce a document or thing or give evidence as required by the summons.

    (3)     A direction under subsection (2)—

        (a)     must be in the prescribed form (if any); and

        (b)     must include a statement that if the person who is the subject of the direction is under the age of 16 years at the date the direction is given, the direction is of no effect and the person is not required to attend the Director; and

        (c)     if the person is aged 16 years or over, has effect as a suspension of a direction in a warrant of commitment to deliver the person to the place of detention specified in the warrant or to hold the person in that place (as the case may be).

    (4)     The person is to be detained in police custody until he or she is excused by the Director from attendance.

    (5)     When the person is excused from attendance by the Director, the member of Victoria Police must deliver the person who is the subject of the direction to the place of detention at which the person was held or detained at the time the direction was given.



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