Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2009-07-21

359. Issue of warrant to arrest

359. Issue of warrant to arrest

(1) A warrant to arrest authorised to be issued under this Act is to be issued in accordance with Division 3 of Part 4 of the Magistrates' Court Act 1989 and that Division applies to such a warrant with any necessary modifications.

(2) Despite anything to the contrary in the Magistrates' Court Act 1989, if a warrant to arrest is issued under this Act by a court other than the Magistrates' Court, a person arrested on the warrant must, if practicable, be brought before the court which issued the warrant.

Note Division 3 of Part IIA of the Evidence Act 1958 permits the appearance of an accused before the court by audio visual link in certain circumstances.

(3) If it is not practicable to bring an arrested person before the court which issued the warrant within a reasonable period of time after arrest, the person must be brought before a bail justice or the Magistrates' Court.

(4) If an arrested person is brought before a bail justice or the Magistrates' Court in accordance with subsection (3), the bail justice or the Magistrates' Court must remand the arrested person in custody or grant the arrested person bail to appear before the court which issued the warrant.

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