24Arrest of person released on bail

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)), 28/2023 s. 103(1)(a). (a) if the police officer or protective services officer has reasonable grounds for believing that the person is likely to breach the bail undertaking or any condition of bail, or has reasonable cause to suspect that the person is breaching or has breached any such 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)), 28/2023 ss 60(1)(a), 103(1)(b). (b) if the police officer or protective services officer is notified in writing by any of the person's bail guarantors that the bail guarantor believes that the person is likely to breach the bail undertaking and for that reason the bail guarantor wishes to be relieved of his obligations as a bail guarantor; or S. 24(1)(c) amended by Nos 43/2011 s. 6(2), 37/2014 s. 10(Sch. item 8.4(a)), 28/2023 s. 60(1)(b). (c) if the police officer or protective services officer has reasonable grounds for believing that any of the person's bail guarantors are 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(1B) inserted by No. 45/2017 s. 50. (1B) A protective services officer may only exercise the power to arrest without warrant under this section in relation to a person who is at, or in the vicinity of, a designated place. 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 Nos 37/2014 s. 10(Sch. item 8.4(a)), 28/2023 s. 103(2), substituted by No. 8/2025 s. 6. (2) If a person is arrested under subsection (1) or is handed into the custody of a police officer under subsection (1A), a police officer must deal with the person as follows— (a) if the person was arrested or handed into custody within 24 hours before the time at which the person is bound by the bail undertaking to attend before a court, a police officer must bring the person before that court at that time; or (b) if the person was not arrested or handed into custody within the period described in paragraph (a), a police officer must, as soon as practicable (and in any event within 24 hours) bring the person before— (i) if it is then within ordinary court sitting hours, a court; or (ii) if it is then outside ordinary court sitting hours, a bail justice. S. 24(3) amended by Nos 51/1989 s. 142(s), 28/2023 s. 103(3)(a). (3) Where a person who is on bail 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 Nos 70/2010 s. 22(1)(a), 28/2023 ss 60(2), 85(a)(ii), 103(3)(b)(i), 32/2024 s. 905(2). [[3]](#endnote-4) (a) if of the opinion that the person has breached or is likely to breach the bail undertaking or a condition of 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 Nos 68/2009 s. 97(Sch. item 11.28), 28/2023 s. 103(3)(b)(ii). (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 bail undertaking to attend; or S. 24(3)(a)(ii) substituted by No. 70/2010 s. 22(1)(b), amended by No. 28/2023 s. 85(a)(i). (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 bail on the next working day or, if the next working day is not practicable, within 2 working days— or release the person on the original bail undertaking or on a new bail undertaking with or without a condition that requires one or more bail guarantees; or S. 24(3)(b) substituted by No. 84/1997 s. 8(1), amended by No. 28/2023 ss 85(b), 103(3)(c). (b) if not of that opinion—shall release the person on the original bail 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).