Victorian Consolidated Legislation

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

Warrant to arrest person subject to custodial supervision order who leaves Victoria

30B. Warrant to arrest person subject to custodial supervision order who
leaves Victoria



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

   (a)  is absent without leave from an approved mental health service or a
        residential service; 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.

(1A) If at any time it appears to the Secretary to the Department of Human
Services that a federal forensic patient-

   (a)  is absent without leave from an approved mental health service; and

   (b)  is no longer in Victoria-

the Secretary may apply to the Supreme Court, County Court or Magistrates'
Court for a warrant to arrest that patient.



(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) or (1A), 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 returned to the approved mental
health service or residential service from which he or she was absent without
leave.