Victorian Consolidated Legislation

Crimes Act 1958 - SECT 470

Power of search when female unlawfully detained for immoral purposes

470. Power of search when female unlawfully detained for immoral purposes



(1) If it appears to a magistrate, on the evidence on oath or by affidavit of
any parent relative or guardian of any woman or girl or by any other person
who in the opinion of the magistrate is bona fide acting in the interest of
any woman or girl, that there is reasonable cause to suspect that such woman
or girl is unlawfully detained for immoral purposes by any person in any
place, he may issue a warrant authorizing any person named therein to search
for and when found to take to and detain in a place of safety such woman or
girl until she can be brought before the Magistrates' Court.

(2) The Magistrates' Court on the woman or girl being brought before it may
cause her to be delivered up to her parent or guardian or otherwise dealt with
as circumstances may permit and require.

(3) The magistrate at the time of or after issuing such warrant may issue
another warrant for the arrest of any person accused of so unlawfully
detaining such woman or girl and may order proceedings to be taken for
prosecuting such person according to law.

(4) A woman or girl shall be deemed to be unlawfully detained for an immoral
purpose if she is so detained for the purpose of being unlawfully and carnally
known by any man whether any particular man or generally, and-

   (a)  is under the age of sixteen years; or

   (b)  if of or above the age of sixteen years and under the age of eighteen
        years is so detained against her will or against the will of her
        father or mother or of any other person having the lawful care or
        charge of her; or

   (c)  if of or above the age of eighteen years is so detained against her
        will.

(5) Any person authorized by warrant under this section to search for any
woman or girl so detained as aforesaid may enter (if need be, by force) any
house building or other place specified in such warrant, and may remove such
woman or girl therefrom.

(6) Every warrant issued under this section shall be addressed to and executed
by a member of the police force of or above the rank of sergeant, who shall be
accompanied by the parent relative or guardian or other person referred to in
subsection (1) if such person so desire unless the magistrate otherwise
directs.



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Division 2-Punishment

(1) Sentences for offences



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