Victorian Consolidated Legislation

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

Warrant to arrest person breaching non-custodial supervision order who leaves Victoria

30A. Warrant to arrest person breaching non-custodial supervision order who
leaves Victoria



(1) If, at any time, it appears to a person having the supervision of a person
under a non-custodial supervision order or to the Secretary to the Department
of Human Services that the person subject to the order-

   (a)  has failed to comply with the order; and

   (b)  is no longer in Victoria-

the person having supervision or the Secretary may apply to the Supreme Court,
County Court or Magistrates' Court for a warrant to arrest the person subject
to the order.

(2) If the court to which the application is made is satisfied by evidence on
oath, whether orally or by affidavit, of the matters specified in paragraphs
(a) and (b) of subsection (1), the court may order that a warrant to arrest be
issued against the person subject to the order.

(3) When a person arrested under a warrant issued under this section is
returned to Victoria, he or she is to be taken to and detained in an
appropriate place and treated or provided with services, if necessary, for his
or her condition.

(4) However, the person 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 to which an application referred to in subsection (4) is made
must hear it as soon as possible.