Victorian Numbered Acts Victorian Numbered Acts(1) In section 3 of the Corrections Amendment (Breach of Parole) Act 2013 , in proposed section 78B(2) of the Corrections Act 1986 , after "subsection (1)" insert ", or under any power of arrest that a member of the police force has under any Act or law if the prisoner is suspected on reasonable grounds of committing an offence against section 78A,".
(2) In section 3 of the Corrections Amendment (Breach of Parole) Act 2013 , in proposed section 78B(3) of the Corrections Act 1986 , after "subsection (1)" insert ", or under any power of arrest that a member of the police force has under any Act or law if the prisoner is suspected on reasonable grounds of committing an offence against section 78A,".
(3) In section 3 of the Corrections Amendment (Breach of Parole) Act 2013 , after proposed section 78B(4) of the Corrections Act 1986 insert —
"(5) If a person was arrested under any Act or law, nothing in this section prevents the continuation of the person's detention in relation to the offences for which the person was arrested.".
(4) In section 3 of the Corrections Amendment (Breach of Parole) Act 2013 , at the foot of proposed section 78C of the Corrections Act 1986 insert —
" Note
Subdivision (30A) of Division 1 of Part III of the Crimes Act 1986 contains further provisions that apply to prisoners taken into custody, including prisoners detained under section 78B or 78C.".
(5) In section 3 of the Corrections Amendment (Breach of Parole) Act 2013 , for proposed section 78D of the Corrections Act 1986 substitute —
(1) If—
(a) a prisoner is detained under section 78B(2) or (3) or an order made under section 78C(1)(a); and
(b) a decision or order is made for
the purposes of section 464A(1)(a) or (b) of the Crimes Act 1958 to release
the prisoner—
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the decision or order is subject to the condition that the prisoner must not be released before the relevant day and section 464A of the Crimes Act 1958 applies accordingly.
(2) If—
(a) a prisoner is detained under section 78B(2) or (3) or an order made under section 78C(1)(a); and
(b) after the prisoner is brought before a bail justice or the Magistrates' Court under section 464A(1)(c) of the Crimes Act 1958 , a decision or order is made to release the prisoner—
the decision or order is subject to the condition that the prisoner must not be released before the relevant day and section 464A of the Crimes Act 1958 applies accordingly.
(3) If—
(a) a prisoner is detained under section 78B(2) or (3) or an order made under section 78C(1)(a); and
(b) the prisoner is granted bail under section 4 of the Bail Act 1977 —
the order granting bail is subject to the condition that the prisoner must not be released on bail before the relevant day and the Bail Act 1977 applies accordingly.
(4) An investigation or questioning by a member of the police force under section 464A of the Crimes Act 1958 of a prisoner detained under section 78B(2) or (3) or an order made under section 78C(1)(a) may continue for a reasonable time after the prisoner is detained even if the Board cancels the prisoner's parole during that time.
(5) Section 464B of the Crimes Act 1958 does not apply in relation to the prisoner until the reasonable time referred to in subsection (4) has elapsed.
(6) In this section, "the relevant day" means—
(a) the day on which the Board, after considering the breach of the term or condition of the prisoner's parole under section 78C(3), decides not to cancel the prisoner's parole; or
(b) the day on which the Board makes an order under section 78C(1)(b).
(7) In determining what constitutes a reasonable time for the purposes of subsections (4) and (5), the matters set out in section 464A(4) of the Crimes Act 1958 may be considered.".