Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 38ZL

    (1)     A child subject to a non-custodial supervision order may be apprehended by an appropriate person if the appropriate person reasonably believes—

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

        (b)     that the safety of the child or members of the public will be seriously endangered if the child is not apprehended.

    (2)     Subject to subsection (4), a child who is apprehended under subsection (1) is to be detained in custody and, if necessary, treated or provided with services for his or her condition.

    (3)     For the purpose of apprehending a child and taking them to a place of detention, the appropriate person may with such assistance as is required and such force as may be reasonably necessary—

        (a)     enter any premises in which he or she has reasonable grounds for believing that the child may be found; and

        (b)     if necessary to enable that child to be apprehended and taken safely, use any restraint that may be reasonably necessary.

    (4)     A child who is apprehended under this section must be released from detention within 48 hours unless, within that period, an application is made under section 38ZK(1) for variation of the child's supervision order.

    (5)     The Children's Court must hear an application referred to in subsection (4) as soon as possible.

    (6)     In this section—

S. 38ZL(6) def. of appropriate person amended by No. 55/2014 s. 155(2).

"appropriate person", in relation to a child subject to a supervision order, means—

        (a)     a person having supervision of the child under the order; or

        (b)     a police officer; or

        (c)     an ambulance officer; or

        (d)     a person who is a member of a class prescribed for the purposes of this section.

S. 38ZM
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48).