Victorian Current Acts Victorian Current Acts(1) A coroner may issue a warrant to arrest a person if—
(a) the person was summoned by the coroner under section 55 and failed—
(i) to attend before the coroner; or
(ii) to produce the documents or other materials specified in the summons to the coroner; or
(b) the coroner is satisfied—
(i) that the person is avoiding service of the summons; or
(ii) that the person has been duly served with the summons but is unlikely to comply with it.
(2) In issuing a warrant under this section, the coroner may endorse the warrant with a direction that the person must, on arrest, be released on bail as specified in the endorsement.
S. 59(3) amended by No. 28/2023 s. 66(1).
(3) An endorsement under subsection (2) must fix the amounts in which the principal and the bail guarantors (if any) are bound and the amount of any money or the value of any security to be deposited.
(4) The person to whom a warrant to arrest is directed must cause the person named or described in the warrant when arrested—
(a) to be released on bail in accordance with any endorsement on the warrant; or
(b) if there is no endorsement on the warrant, to be brought before the Coroners Court; or
(c) to be discharged from custody on bail in accordance with the Bail Act 1977 .
(5) Matters may be proved under this section orally or by affidavit.
(6) Sections 63 and 64 of the Magistrates' Court Act 1989 apply (with any necessary modifications) to a warrant to arrest issued under this section as if any reference to the Magistrates' Court were a reference to a coroner or the Coroners Court.
S. 59(7) inserted by No. 28/2023 s. 66(2).
(7) In this section—
"bail guarantor" has the same meaning as in the Bail Act 1977 .