Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 136

Power to issue arrest warrant

    (1)     The Secretary or the DPP may apply to a judge of the Supreme Court or a judge of the County Court before which an application in respect of an offender is being heard for the issue of a warrant to arrest under subsection (2) or (3).

    (2)     Subject to subsection (4), a judge referred to in subsection (1) may issue in accordance with the Magistrates' Court Act 1989 a warrant to arrest an offender who fails to attend a hearing before the court under Part 3, 4, 5, 6, 7, 8 or 9 if satisfied that—

        (a)     notice of the hearing was served on the offender; or

        (b)     there are reasonable grounds to believe that the offender is evading service of the notice of the hearing.

    (3)     Subject to subsection (4), a judge referred to in subsection (1) may issue in accordance with the Magistrates' Court Act 1989 a warrant to arrest an offender who is the subject of an application to the court under Part 3, 4, 5, 6, 7, 8 or 9 if satisfied that the offender has absconded or is unlikely to attend a hearing held under that Part.

    (4)     A judge of the Supreme Court must not issue a warrant under subsection (2) or (3) if the Supreme Court has ordered under section 88 that an application for an emergency detention order is to be heard and determined in the absence of the offender.

    (5)     Except as provided by this Act, the rules to be observed with respect to warrants to arrest under the Magistrates' Court Act 1989 (except sections 62 and 64(2)) extend and apply to warrants issued under this section.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback