Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 18

Witness already held in custody

18. Witness already held in custody



(1) This section applies if a coercive powers order is in force in respect of
an organised crime offence.

(2) If a person is held in a prison or police gaol, a member of the police
force may apply to the Supreme Court or the Chief Examiner for an order that
the person be delivered into the custody of the member for the purpose of
bringing the person before the Chief Examiner to give evidence at an
examination.

(3) If the application under subsection (2) is made to the Supreme Court,
section 14(4), (5), (6), (7) and (11) apply as if a reference to-

   (a)  a summons were a reference to an order referred to in subsection (2);
        and

   (b)  issuing a summons were a reference to making an order referred to in
        subsection (2).

(4) If the application under subsection (2) is made to the Chief Examiner,
section 15(3), (4), (5), (6) and (10) apply as if a reference to-

   (a)  a summons were a reference to an order referred to in subsection (2);
        and

   (b)  issuing a summons were a reference to making an order referred to in
        subsection (2).

(5) An order made on application under subsection (2)-

   (a)  must be in the prescribed form; and

   (b)  must include a statement that if the person who is the subject of the
        application is under the age of 16 years at the date of issue of the
        order, the order is of no effect and the person is not required to
        attend the examination; and

   (c)  if the person is aged 16 years or over, has effect as a suspension of
        a direction in a warrant of commitment to deliver the person to the
        place of detention specified in the warrant or to hold the person in
        that place (as the case may be).

(6) If the Supreme Court makes an order on application under subsection (2),
the applicant must cause a copy of the order to be given to the Chief Examiner
as soon as practicable after the order is made.

(7) At the cessation of giving evidence at an examination before the Chief
Examiner or on release from compliance with the order by the Chief Examiner,
the member of the police force must deliver the person who is the subject of
the order to the place of detention at which the person was held or detained
at the time of the application for the order.