Victorian Current Acts Victorian Current Acts(1) Subject to this section, Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 applies to the custody and investigation of a child.
(2) Within a reasonable time of being taken into custody, but not later than 24 hours after being taken into custody, a child must be—
(a) released unconditionally; or
(b) released on bail in accordance with the Bail Act 1977 ; or
(c) brought before the Children's Court; or
(d) if the Children's Court is not sitting at any convenient venue, brought before a bail justice.
(3) Subsection (2) does not apply if bail may only be granted to a child by a court, in which case the child must be brought before the Children's Court as soon as practicable and—
(a) no later than the next working day after being taken into custody; or
(b) if the proper venue of the Children's Court is in a prescribed region of the State, within 2 working days after being taken into custody.
(4) The Bail Act 1977 applies to an application for bail by a child to the extent that it is not inconsistent with this section.
Note
The Bail Act 1977 contains provisions that are particular to children. These include the following—
• section 3B (determination in relation to a child);
• section 5AA (conditions of bail granted to a child in certain circumstances);
• section 10(3) (power of police officer, sheriff or authorised person to grant or refuse bail);
• section 10A(3) and (6) (power of bail justice to grant or refuse bail);
• section 12(4) and (5) (power of court to grant or refuse bail);
• section 16B (capacity of child to give bail undertaking);
• section 24(3A) (arrest of person released on bail).
Additionally, section 3A (determination in relation to an Aboriginal person) applies if the child is an Aboriginal person.