Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 31

Execution of arrest warrant

31. Execution of arrest warrant



(1) A warrant issued under section 30 may be executed by any member of the
police force and the person executing it has power to break into and enter any
premises, vessel, aircraft or vehicle for the purpose of executing it.

(2) The warrant may be executed even if the warrant is not at the time in the
possession of the person executing it.

(3) A person executing the warrant may only use the reasonable force that is
necessary for the execution of the warrant.

(4) If the offender is arrested under the warrant, he or she must be brought,
as soon as practicable, before the court which may-

   (a)  admit him or her to bail, with any security that the court thinks fit,
        on any conditions that the court thinks necessary to ensure his or her
        appearance at the hearing under this Part; or

   (b)  order his or her continued detention in police custody for the purpose
        of ensuring his or her appearance at the hearing under this Part until
        the conclusion of the hearing; or

   (c)  if the court is satisfied that there are reasonable grounds to believe
        that it is necessary to prevent the offender from escaping from police
        custody, order the detention of the offender in a prison or a police
        gaol for the purpose of ensuring his or her appearance at the hearing
        under this Part until the conclusion of the hearing; or

   (d)  order the release of the offender.



(5) If an offender is detained under this section, he or she must, within 14
days after he or she was brought, or last brought, before the court in
accordance with this section, or within such shorter or longer time as the
court has fixed on his or her last previous appearance before the court under
this section, be again brought before the court which may then exercise any of
the powers of the court under subsection (4).

(6) If an offender detained in police custody under this section, other than
an offender detained in accordance with an order made under subsection (4)(c),
is required to be detained overnight, the Chief Commissioner of Police must
arrange for the offender to be provided with accommodation and meals to a
standard comparable to that generally provided to jurors kept together
overnight.

(7) If an offender is detained in a prison in accordance with an order made
under subsection (4)(c) or is otherwise in custody or detention of a kind
referred to in section 19(1), the court may make an order for the offender to
be delivered into the custody of a member of the police force for the purpose
of bringing him or her before the court on the hearing of any application
under this Part.