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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (Further Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. New section 464BA inserted 2
464BA. Questioning of person in detention 2
ENDNOTES 7
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PARLIAMENT OF VICTORIA
Initiated in Council on 25 October 2000 by the Hon. M. A. Birrell
A BILL
to amend the Crimes Act 1958.
Crimes (Further Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Crimes
Act 1958 so as to--
(a) enable investigating officials to question
5 certain persons in detention in respect of
offences; and
(b) ensure that there are appropriate safeguards
to protect the legal rights of a person being
so questioned, including his or her right to
10 silence.
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Crimes (Further Amendment) Act 2000
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See:
5 In this Act, the Crimes Act 1958 is called the
Act No.
Principal Act.
6231.
Reprint No. 15
as at
1 September
1999 and
amending
Act No.
26/1999.
LawToday:
www.dms.
dpc.vic.
gov.au
4. New section 464BA inserted
After section 464B of the Principal Act insert--
10 '464BA. Questioning of person in detention
(1) In this section, "person in detention"
means a person aged 18 or older who is--
(a) serving a sentence of imprisonment in a
prison or police gaol; or
15 (b) a prisoner within the meaning of
section 56 of the Corrections Act 1986
serving a sentence of imprisonment in
an institution as defined in sub-section
(1) of that section; or
20 (c) serving a sentence of imprisonment as a
security resident within the meaning of
the Intellectually Disabled Persons'
Services Act 1986; or
(d) serving a sentence of imprisonment as
25 an involuntary patient or security
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Crimes (Further Amendment) Act 2000
s. 4
Act No.
patient within the meaning of the
Mental Health Act 1986; or
(e) detained under section 93 of the
Sentencing Act 1991 in an approved
5 mental health service within the
meaning of the Mental Health Act
1986 as an involuntary patient or
security patient within the meaning of
that Act.
10 (2) An investigating official may apply to the
Magistrates' Court for an order that he or she
be granted access to a person in detention
whom the investigating official--
(a) believes on reasonable grounds has
15 information relevant to the
investigation of an offence, other than
an offence for which the person is
being detained; or
(b) suspects on reasonable grounds of
20 having committed an offence referred
to in paragraph (a)--
for the purpose of questioning in respect of
that offence.
(3) An application under sub-section (2) must--
25 (a) be in writing; and
(b) state the grounds on which the
application is made, including the
grounds for the belief or suspicion
referred to in that sub-section; and
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(c) be served on the person in detention by
delivering a true copy of the
application--
(i) to the person personally; or
5 (ii) to the person in charge of the
place where the person is being
detained.
(4) At any time after the filing of an application
under sub-section (2), the Magistrates' Court
10 may order that the person in detention be
brought before the Court for the hearing of
the application.
(5) While an order made under sub-section (4) is
being carried out, the person in detention is
15 to be taken to be in the legal custody of the
person acting under the order.
(6) On an application under sub-section (2), the
Magistrates' Court may order that the
applicant have access to the person in
20 detention in the place where he or she is
being detained for the purpose of questioning
for a maximum period of time specified in
the order and may include in that order any
conditions that it thinks fit to ensure that--
25 (a) the person in detention is fully
informed of his or her right to silence
and is given the information required to
be given to him or her by sub-section
(7)(a) and (b); and
30 (b) the environment in which the
questioning occurs and the way in
which the questioning is conducted is
fair and reasonable having regard to all
the circumstances.
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(7) If an order is made under sub-section (6),
before any questioning commences, the
investigating official must inform the person
in detention that he or she--
5 (a) does not have to say or do anything but
that anything he or she does say or do
may be given in evidence; and
(b) may communicate with or attempt to
communicate with a legal practitioner.
10 (8) The investigating official must defer the
questioning for a time that is reasonable in
the circumstances to enable the person in
detention to make, or attempt to make, the
communication referred to in sub-section
15 (7)(b).
(9) If a person in detention wishes to
communicate with a legal practitioner, the
investigating official--
(a) must afford the person reasonable
20 facilities as soon as practicable to
enable the person to do so; and
(b) must allow the person's legal
practitioner or a clerk of the legal
practitioner to communicate with the
25 person in circumstances in which, as far
as practicable, the communication will
not be overheard.
(10) The Magistrates' Court may--
(a) on the application of the investigating
30 official, extend a period of questioning
ordered under sub-section (6); or
(b) on a subsequent application under sub-
section (2), make orders against the
same person in detention whether in
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respect of the same or a different
offence.
(11) Sections 464D and 464F to 464J also apply
to any questioning of a person in detention in
5 accordance with an order made under sub-
section (6).
(12) Nothing in this section limits or affects
section 464B and an application may be
made under that section in respect of a
10 person in detention whether or not an
application could be made, or has been
made, under sub-section (2) in respect of that
person.
(13) For the avoidance of doubt it is declared that,
15 without limiting or affecting section 464J--
(a) nothing in this section affects the
application of the rules of evidence to
any admission or confession made by a
person in detention in the course of
20 questioning in accordance with an order
made under sub-section (6); and
(b) an admission or confession referred to
in paragraph (a) is not to be regarded as
having been made involuntarily only
25 because it was made in the course of
questioning in accordance with an order
made under sub-section (6).
(14) This section applies to any person in
detention at any time on or after the
30 commencement of the Crimes (Further
Amendment) Act 2000, irrespective of
when the offence to which the questioning
relates was committed or alleged to have
been committed.'.
35
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Crimes (Further Amendment) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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