Victorian Consolidated Legislation

Crimes Act 1958 - SECT 361

Removal of accused persons to and from prison

361. Removal of accused persons to and from prison





(1) Every accused person in the legal custody of the Secretary to the
Department of Justice in a prison shall without writ of habeas corpus or other
writ for that purpose be caused to be removed to and from the court at which
he is to be tried when and so often as may be necessary by the Secretary in
order that he may be tried sentenced or otherwise dealt with according to law
and such removal shall not be deemed to be an escape.

(1A) Where it appears to the Supreme Court or the County Court (as the case
requires) to be desirable in the interests of justice that an accused person
committed to prison should be present in court otherwise than for trial or
sentence the court may order that the accused person be brought before the
court and the officer in charge of the prison in which the accused person is
detained shall, on delivery to him of an office copy of the order, cause the
accused person to be brought before the court in accordance with the order.



* * * * *







(3) No proceeding either criminal or civil shall be maintained by such accused
person or any other person against any prison officer or member of the police
force or against any other person by reason of any such removal or detainer.

(4) This section extends and applies-

   (a)  to any accused person in custody in a police gaol, as if-

   (i)  any reference to a prison were a reference to the police gaol; and

   (ii) any reference to the Secretary to the Department of Justice or to the
        officer in charge of a prison were a reference to the Chief
        Commissioner of Police; and

   (b)  to any accused person detained in an approved mental health service
        within the meaning of the Mental Health Act 1986, as if-

   (i)  any reference to a prison were a reference to the approved mental
        health service; and

   (ii) any reference to the Secretary to the Department of Justice or to the
        officer in charge of a prison were a reference to the authorised
        psychiatrist of the approved mental health service; and

   (c)  to any accused person in custody in a remand centre, youth residential
        centre or youth justice centre within the meaning of the
        Children, Youth and Families Act 2005 or in a residential institution
        or a residential treatment facility within the meaning of the
        Disability Act 2006, as if-

   (i)  any reference to a prison were a reference to the remand centre, youth
        residential centre, youth justice centre or residential institution;
        and

   (ii) any reference to the Secretary to the Department of Justice or to the
        officer in charge of a prison were a reference to the Secretary to the
        Department of Human Services.

* * * * *





* * * * *





(8) Joinder of defendants in certain cases