Victorian Current Acts Victorian Current Acts(1) This section applies if a coercive powers order is in force in respect of an organised crime offence.
S. 18(2) amended by No. 37/2014 s. 10(Sch. item 103.6(a)).
(2) If a person is held in a prison or police gaol, a police officer may apply to the Supreme Court or the Chief Examiner for an order that the person be delivered into the custody of the police officer 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.
S. 18(7) amended by No. 37/2014 s. 10(Sch. item 103.6(b)), substituted by No. 64/2017 s. 27(1).
(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, any police officer, police custody officer or escort officer must deliver the person who is the subject of the order to—
(a) the place of detention at which the person was held or detained at the time of the application for the order; or
(b) if that place of detention is a prison, any other prison determined by the Secretary to the Department of Justice and Regulation; or
(c) if that place of detention is a police gaol, any other police gaol determined by the Chief Commissioner.
S. 18(8) inserted by No. 87/2009 s. 7, amended by No. 87/2009 s. 8.
(8) If an order is made under this section, sections 12C, 13, 16, 37(5) and 49 apply as if a reference in those sections to a witness summons issued under section 14 or 15 included a reference to an order under this section.
S. 18(9) inserted by No. 64/2017 s. 27(2).
(9) A police custody officer may supervise a person who is the subject of an order under this section and in doing so has the functions and powers referred to in section 200I of the Victoria Police Act 2013 as if a reference to "this Division" were a reference to this section.
S. 18(10) inserted by No. 64/2017 s. 27(2).
(10) An escort officer may supervise a person who is the subject of an order under this section and in doing so has the functions and powers referred to in section 55C of the Corrections Act 1986 .
S. 18(11) inserted by No. 64/2017 s. 27(2).
(11) A person being supervised by a police custody officer or an escort officer under this section remains in the custody of the police officer referred to in subsection (2).
S. 18(12) inserted by No. 64/2017 s. 27(2).
(12) In this section—
"escort officer" has the same meaning as in the Corrections Act 1986 ;
"police custody officer" has the same meaning as in the Victoria Police Act 2013 .