Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 856

After section 491 of the Children, Youth and Families Act 2005 insert —

        " 491A     Power of police to arrest person in remand centre

    (1)     Without limiting the generality of Subdivision (30) of Division 1 of Part III of the Crimes Act 1958 , a police officer may at any time, on the request of the officer in charge of a remand centre, without warrant apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law, a person of or above the age of 18 years who—

        (a)     is remanded in custody in the remand centre; and

        (b)     is being charged with an offence alleged to have been committed within the remand centre while remanded in custody.

    (2)     Section 5A of the Bail Act 1977 does not apply to an accused in a criminal proceeding who has been apprehended under subsection (1) if the Magistrates' Court, County Court or Supreme Court, as the case may be, is satisfied that the accused—

        (a)     has engaged in conduct that threatens the good order and safe operation of the remand centre; and

        (b)     is unable to be properly controlled in the remand centre.".

Part 20.2—Repeal of this Chapter