Victorian Consolidated Legislation

Bail Act 1977 - SECT 10

Where impracticable to bring person arrested before court

10. Where impracticable to bring person arrested before court



(1) Where a person is arrested and it is not practicable to bring him before a
court forthwith after he is taken into custody a member of the police force of
or above the rank of sergeant or for the time being in charge of a police
station-

   (a)  shall inquire into the case; and

   (b)  may, and if it is not practicable to bring the person arrested before
        a court within 24 hours after he is taken into custody, shall, unless
        the provisions of this Act otherwise require, discharge the person on
        bail in accordance with the Act.

(1A) If a person is arrested under the Infringements Act 2006 by the sheriff
or a person authorised under section 84(5) of that Act and it is not
practicable to bring the person before a court forthwith after the person is
taken into custody the sheriff or a person authorised under section 84(5) of
that Act-

   (a)  shall inquire into the case; and

   (b)  may, and if it is not practicable to bring the person arrested before
        a court within 24 hours after the person is taken into custody, shall,
        unless the provisions of this Act otherwise require, discharge the
        person on bail in accordance with this Act.

(2) Where a member of the police force refuses to discharge a person from
custody under subsection (1) or the sheriff or a person authorised under
section 84(5) of the Infringements Act 2006 refuses to release a person from
custody under subsection (1A) or any person held in custody objects to the
amount fixed for bail or any condition of bail the member of the police force,
the sheriff or a person authorised under section 84(5) of the
Infringements Act 2006 (as the case requires) shall advise the person in
custody that he is entitled, should he so desire, to apply to a bail justice
for discharge from custody or for variation of the amount of bail or
conditions of bail or shall give to the person a statement in writing setting
forth the provisions of this subsection and if the person elects so to apply
the member, the sheriff or a person authorised under section 84(5) of the
Infringements Act 2006-

   (a)  shall cause the person to be brought before a bail justice as soon as
        practicable;



   (b)  shall cause to be produced before the bail justice the warrant, file
        or papers referred to in subsection (3); and

   (c)  shall abide by the decision of the bail justice in relation to that
        person.



(3) A member of the police force or the sheriff or a person authorised under
section 84(5) of the Infringements Act 2006 (as the case requires) refusing to
discharge a person from custody under this section shall endorse on the
warrant file or papers relating to that person or in any register or record of
persons in custody his reasons for refusing to discharge that person from
custody.