Victorian Current Acts

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

SUPREME COURT ACT 1986 - SECT 119

Duties on arrest of civil debtors

    (1)     If an officer arrests or has in custody any person under the provisions of section 7 of the Crown Proceedings Act 1958 or Division 6 of Part 6, that person must be lodged in the prison nearest to the place of arrest or, with that person's consent, in any other prison and, subject to subsection (2), that person must be detained in that prison until the Court orders his or her discharge or until he or she is otherwise discharged by due course of law.

    (2)     During the first 24 hours after a person's arrest—

        (a)     the arresting officer may, subject to such safeguards as the officer determines and at the expense of the arrested person, permit him or her to be under arrest in such premises approved by the arresting officer and located within 40 kilometres of the place of arrest as the person arrested nominates; and

        (b)     the arrested person must be permitted to have at his or her own expense such food and drink as he or she desires and to communicate with such legal advisers, financial institutions and the like as he or she desires.

    (3)     On the arrest of a person under the provisions referred to in subsection (1), the arresting officer must give a copy of this section to the arrested person and, if that person is unable to read, the arresting officer must also read this section to him or her.

    (4)     In this section—

"officer" includes sheriff and bailiff;

S. 119(4)
def. of
prison amended by Nos 16/1987 ss 4(3)(Sch. 1 item 21), 12(Sch. 2
item 11), 48/2006 s. 42(Sch. item 34).

"prison" means a prison for the purposes of the Corrections Act 1986 .

No. 6387 s. 195.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback