Victorian Current Acts

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BAIL ACT 1977 - SECT 24

Arrest of person released on bail

S. 24(1) amended by Nos 43/2011 s. 6(1), 37/2014 s. 10(Sch. item 8.4(a)).

    (1)     Any police officer, or any protective services officer on duty at a designated place, may without warrant arrest any person who has been released on bail—

S. 24(1)(a) amended by Nos 68/2009 s. 97(Sch. item 11.26), 43/2011 s. 6(2), 37/2014 s. 10(Sch. item 8.4(a)).

        (a)     if the police officer or protective services officer has reasonable grounds for believing that the person is likely to break the condition for his attendance or any other condition on which he was admitted to bail, or has reasonable cause to suspect that the person is breaking or has broken any such other condition;

S. 24(1)(b) amended by Nos 68/2009 s. 97(Sch. item 11.26), 43/2011 s. 6(2), 37/2014 s. 10(Sch. item 8.4(a)).

        (b)     if the police officer or protective services officer is notified in writing by any surety for the person that the surety believes that the person is likely to break the condition for his attendance and for that reason the surety wishes to be relieved of his obligations as a surety; or

S. 24(1)(c) amended by Nos 43/2011 s. 6(2), 37/2014 s. 10(Sch. item 8.4(a)).

        (c)     if the police officer or protective services officer has reasonable grounds for believing that any surety is dead, or that for any other reason the security is no longer sufficient.

S. 24(1A) inserted by No. 43/2011 s. 6(3), amended by No. 37/2014 s. 10(Sch. item 8.4(a)).

    (1A)     If a protective services officer arrests a person under subsection (1), the protective services officer must hand the person into the custody of a police officer as soon as practicable after the person is arrested.

S. 24(2) amended by Nos 51/1989 s. 142(r), 68/2009 s. 97(Sch. item 11.27), substituted by No. 43/2011 s. 6(4), amended by No. 37/2014 s. 10(Sch. item 8.4(a)).

    (2)     If a person is arrested under subsection (1) or is handed into the custody of a police officer by a protective services officer under subsection (1A), a police officer must—

S. 24(2)(a) amended by No. 37/2014 s. 10(Sch. item 8.4(a)).

        (a)     bring the person before a bail justice as soon as practicable after the person is arrested or has been handed into the custody of a police officer and in any event within 24 hours thereafter; or

S. 24(2)(a) amended by No. 37/2014 s. 10(Sch. item 8.4(a)).

        (b)     if the person is arrested or handed into the custody of a police officer within 24 hours before the time at which the person is bound by a condition of his or her bail to attend before a court—bring the person before that court at that time.

S. 24(3) amended by No. 51/1989
s. 142(s).

    (3)     Where a person is brought before a bail justice or court pursuant to the provisions of paragraph (a) or paragraph (b) of subsection (2) the bail justice or court

S. 24(3)(a) substituted by No. 84/1997
s. 8(1), amended by No. 70/2010 s. 22(1)(a).

        (a)     if of the opinion that the person has broken or is likely to break a condition of the undertaking on which the person was admitted to bail—may revoke the bail and remand the person in custody with a direction to the officer in charge of the prison

S. 24(3)(a)(i) amended by No. 68/2009 s. 97(Sch. item 11.28).

              (i)     if the direction is given by a court, that the person be brought before the court at the time when the person is required by the conditions of the bail to attend; or

S. 24(3)(a)(ii) substituted by No. 70/2010 s. 22(1)(b).

              (ii)     if the direction is given by a bail justice, that the person be brought before the court to which the person was required to surrender in answer to his or her bail on the next working day or, if the next working day is not practicable, within 2 working days—

or release the person on his or her original undertaking or on a new undertaking with or without sureties; or

S. 24(3)(b) substituted by No. 84/1997
s. 8(1).

        (b)     if not of that opinion—shall release the person on his or her original undertaking.

S. 24(3A) inserted by No. 1/2016 s. 15.

    (3A)     Despite subsection (3), if a child is arrested under subsection (1) and is brought before a court, the court must not remand the child in custody for a period longer than 21 clear days.

S. 24(4) inserted by No. 57/1989
s. 4(1)(e), substituted by No. 70/2010 s. 22(2).

    (4)     The Director of Public Prosecutions may appeal to the Supreme Court in the same manner as is provided in section 18A against a refusal to revoke bail if the Director is satisfied that it is in the public interest to do so.

S. 24(5) inserted by No. 84/1997
s. 8(2), amended by No. 70/2010 s. 22(3).

    (5)     If the bail of a person is revoked under subsection (3), the person may apply under section 18 for an order granting bail.

S. 24(6) inserted by No. 43/2011 s. 6(5).

    (6)     In this section—

S. 24(6) def. of designated place substituted by No. 37/2014 s. 10(Sch. item 8.4(b)(i)).

"designated place" has the same meaning as in the Victoria Police Act 2013 ;

S. 24(6) def. of protective services officer substituted by No. 37/2014 s. 10(Sch. item 8.4(b)(ii)).

"protective services officer" has the same meaning as in the Victoria Police Act 2013 .

No. 8731 s. 41.

S. 25 amended by No. 68/2009 s. 97(Sch. item 11.29).



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