Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES ACT 1958 - SECT 464X

Warrants

    (1)     If an application is made to [37]

        (a)     the Magistrates' Court under section 464T(1) or 464V(2); or

        (b)     the Children's Court under section 464U(3) or 464V(2)—

and the person in respect of whom the application is made is not a detained or protected person, the court may issue a warrant authorising the person to whom it is directed, if necessary—

        (c)     to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and

        (d)     to arrest the person; and

        (e)     to bring the person before the court for the hearing of the application; and

        (f)     if that application is granted, to detain the person for as long as reasonably permits the conduct of the compulsory procedure.

    (2)     If a court issues a warrant under subsection (1) it must—

        (a)     give reasons for its decision; and

        (b)     cause a note of the reasons to be entered in the records of the court.

    (3)     A failure of a court to comply with subsection (2) does not invalidate any order made by it but constitutes non-compliance for the purposes of section 464ZE(1)(a).

    (4)     If a person is apprehended under a warrant issued under subsection (1), the warrant ceases to have effect immediately after the procedure is completed or on the expiration of a reasonable time (whichever is the earlier).

S. 464Y (Heading) inserted by No. 3/2019 s. 56(1).

S. 464Y inserted by No. 84/1989 s. 5, amended by No. 84/1989 s. 8(c), substituted by No. 129/1993 s. 7.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback