Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 30

Emergency power of apprehension

30. Emergency power of apprehension



(1) A person subject to a non-custodial supervision order may be apprehended
by an appropriate person if the appropriate person reasonably believes-

   (a)  that the person subject to the order has failed to comply with it; and

   (b)  that the safety of the person subject to the order or members of the
        public will be seriously endangered if the person is not apprehended.

(2) Subject to subsection (4), a person who is apprehended under subsection
(1) is to be taken and detained in an appropriate place and treated or
provided with services, if necessary, for his or her condition.

(3) For the purpose of apprehending a person and taking them to an appropriate
place, the appropriate person may with such assistance as is required and such
force as may be reasonably necessary-

   (a)  enter any premises in which he or she has reasonable grounds for
        believing that the person to be apprehended may be found; and

   (b)  if necessary to enable that person to be so apprehended and taken
        safely, use such restraint as may be reasonably necessary.

(4) A person who is apprehended under this section must be released from
detention within 48 hours unless, within that period, an application is made
under section 29(1) for variation of the person's supervision order.

(5) The court must hear an application referred to in subsection (4) as soon
as possible.



(6) In this section-

appropriate person, in relation to a person subject to a supervision order,
means-

   (a)  a person having supervision of the person under the order; or

   (b)  a member of the police force; or

   (c)  an ambulance officer; or

   (d)  a person who is a member of a class prescribed for the purposes of
        this section.