Victorian Consolidated Legislation

Corrections Act 1986 - SECT 6D

When is a person in the legal custody of the Chief Commissioner of Police?

6D. When is a person in the legal custody of the Chief Commissioner of Police?



(1) A person is deemed to enter the legal custody of the Chief Commissioner of
Police for the purposes of this Act when-

   (a)  an order of imprisonment is made in relation to the person, or an
        order is made by a court requiring the person to be held in police
        custody, or there is other lawful authority to detain the person in a
        police gaol; and

   (b)  either of the following events occurs-

   (i)  a member of the police force or a person acting under lawful authority
        on behalf of the Chief Commissioner takes physical custody of the
        person; or

   (ii) a person at a police gaol acting under lawful authority on behalf of
        the Chief Commissioner receives the person into the police gaol.

(1A) Subsection (1) applies each time when-

   (a)  a person who has ceased to be in the legal custody of the Chief
        Commissioner of Police by force of section 6E(ca) is again taken into
        custody and detained under the order referred to in that section; and

   (b)  either of the events referred to in subsection (1)(b) occurs.

(2) A person is also deemed to enter into the legal custody of the Chief
Commissioner when-

   (a)  the person is remanded in custody by a court or a bail justice under
        the Children, Youth and Families Act 2005; and



   (b)  a member of the police force or a person acting under lawful authority
        on behalf of the Chief Commissioner takes physical custody of the
        person.

(3) A person who enters the legal custody of the Chief Commissioner of Police
under subsection (1) or (2) is deemed to remain in that custody until that
custody ceases under this Part.

(4) This section applies to a person regardless of the person's age.