Victorian Current Acts

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CRIMES ACT 1958 - SECT 464A

Detention of person in custody

    (1)     Every person taken into custody for an offence (whether committed in Victoria or elsewhere) must be—

        (a)     released unconditionally; or

        (b)     released on bail; or

S. 464A(1)(c) amended by No. 57/1989 s. 5(1)(a)(i).

        (c)     brought before a bail justice or the Magistrates' Court—

within a reasonable time of being taken into custody.

    (2)     If a person suspected of having committed an offence is in custody for that offence, an investigating official may, within the reasonable time referred to in subsection (1)—

        (a)     inform the person of the circumstances of that offence; and

        (b)     question the person or carry out investigations in which the person participates in order to determine the involvement (if any) of the person in that offence.

S. 464A(3) amended by No. 129/1993 s. 5.

    (3)     Before any questioning (other than a request for the person's name and address) or investigation under subsection (2) commences, an investigating official must inform the person in custody that he or she does not have to say or do anything but that anything the person does say or do may be given in evidence.

    (4)     In determining what constitutes a reasonable time for the purposes of subsection (1) the following matters may be considered—

S. 464A(4)(a) amended by No. 57/1989 s. 5(1)(a)(ii).

        (a)     the period of time reasonably required to bring the person before a bail justice or the Magistrates' Court;

        (b)     the number and complexity of offences to be investigated;

        (c)     any need of the investigating official to read and collate relevant material or to take any other steps that are reasonably necessary by way of preparation for the questioning or investigation;

        (d)     any need to transport the person from the place of apprehension to a place where facilities are available to conduct an interview or investigation;

        (e)     the number of other people who need to be questioned during the period of custody in respect of the offence for which the person is in custody;

        (f)     any need to visit the place where the offence is believed to have been committed or any other place reasonably connected with the investigation of the offence;

        (g)     any time taken to communicate with a legal practitioner, friend, relative, parent, guardian or independent person;

        (h)     any time taken by a legal practitioner, interpreter, parent, guardian or independent person to arrive at the place where questioning or investigation is to take place;

              (i)     any time during which the questioning or investigation of the person is suspended or delayed to allow the person to receive medical attention;

        (j)     any time during which the questioning or investigation of the person is suspended or delayed to allow the person to rest;

        (k)     the total period of time during which the person has been in the company of an investigating official before and after the commencement of custody;

        (l)     any other matters reasonably connected with the investigation of the offence.

Note to s. 464A inserted by No. 25/2014 s. 14.

Note

Section 78D of the Corrections Act 1986 provides for the application of section 464A in relation to persons detained under that Act.

S. 464B inserted by No. 37/1988 s. 5.



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