104ADefinitions

104A Definitions ***charged person*** means— (a) a person who has been charged with an offence who is detained in a police gaol; or (b) a person who is detained in a police gaol on the order of a court; ***detained person*** means any person who is detained in a police gaol; S. 104A def. of *officer in charge* amended by No. 37/2014 s. 10(Sch. item 32.15(a)), substituted by Nos 59/2015 s. 14, 45/2017 s. 29. ***officer in charge***, in relation to a police gaol, means the police officer who is for the time being— (a) in charge of the police gaol; and (b) authorised to direct police custody officer supervisors and police custody officers in the performance of their functions, duties and powers. S. 104A def. of *police officer* repealed by No. 37/2014 s. 10(Sch. item 32.15(b)). S. 104AB inserted by No. 59/2015 s. 15, amended by No. 45/2017 s. 30. 104AB Powers limited to certain police gaols A police custody officer supervisor and a police custody officer may exercise powers under this Part at a police gaol, or in relation to a police gaol, only if the Governor in Council, by Order under section 200C of the **Victoria Police Act 2013**, has declared that the police gaol is a police gaol at which, or in relation to which, police custody officer supervisors and police custody officers may exercise their powers. Pt 9A Div. 2 (Heading and ss. 104AC–104AH) inserted by No. 59/2015 Division 2—Management powers in police gaols S. 104AC inserted by No. 59/2015 104AC Management of visitors in police gaols S. 104AC(1) amended by No. 45/2017 s. 31(1). (1) With the permission of the officer in charge of a police gaol or a police custody officer supervisor, any person may enter the police gaol and visit a detained person. S. 104AC(2) amended by No. 45/2017 s. 31(2). (2) If a person wishing to visit a detained person is a lawyer acting in the course of the lawyer's practice, the officer in charge of a police gaol or a police custody officer supervisor (as the case requires)— (a) must not unreasonably refuse permission to the lawyer to visit the police gaol; and (b) in deciding whether to give or refuse permission to the lawyer to visit the police gaol must have regard to— (i) the interests of the security of the police gaol and the safe custody of any person held at the police gaol; and (ii) the principle that a person held in custody should, in the interests of justice, have reasonable access to a legal representative. S. 104AC(3) amended by No. 45/2017 s. 31(3). (3) If a person wishing to visit a police gaol is under the age of 18 years, the officer in charge of the police gaol or a police custody officer supervisor (as the case requires) may require that the person is accompanied by a parent or guardian. (4) A person wishing to visit, or visiting, a police gaol must, at the request of a police officer or police custody officer, provide— (a) the prescribed information of the person's identity; and (b) the prescribed documents of the person's identity to the satisfaction of the police officer or police custody officer. (5) The information requested by the police officer or police custody officer under subsection (4) in relation to a person under the age of 18 years must be reasonable in the circumstances. (6) A person must not, in response to a request made under subsection (4), give any information, document or material which is false or misleading. (7) If a person fails to comply with a request made under subsection (4), or the police officer or police custody officer believes on reasonable grounds that a person has contravened subsection (6), the police officer or police custody officer may— (a) make an order prohibiting the person from entering the police gaol to visit a detained person; or (b) order the person to leave the police gaol immediately. (8) A person must comply with an order made under subsection (7). S. 104AC(9) amended by No. 45/2017 s. 31(4). (9) The officer in charge of a police gaol or a police custody officer supervisor may order a visitor to leave the police gaol immediately if the officer in charge or the police custody officer supervisor (as the case requires) believes on reasonable grounds that the order is necessary for the security, good order and management of the police gaol or for the safety of any person at the police gaol. (10) A person must comply with an order made under subsection (9). S. 104AC(11) inserted by No. 45/2017 s. 31(5). (11) The officer in charge of a police gaol may overturn either of the following decisions and decide the matter— (a) a decision of a police custody officer supervisor to grant, or not to grant, permission to enter the police gaol and visit a detained person; (b) an order to leave the police gaol made by a police custody officer supervisor under subsection (9). S. 104AD inserted by No. 59/2015 104AD Detained persons to give certain information S. 104AD(1) amended by No. 45/2017 s. 32. (1) A detained person must, at the request of a police officer, a police custody officer supervisor or a police custody officer, give— (a) the person's full name; and (b) the person's date of birth; and (c) the person's residential address immediately before the person was detained. (2) A person must not, without reasonable excuse, give information which is false or misleading in response to a request made under subsection (1). S. 104AE inserted by No. 59/2015 s. 16, amended by No. 45/2017 s. 33. 104AE Orders to detained persons A police officer, a police custody officer supervisor or a police custody officer may give to a detained person any order that the police officer, the police custody officer supervisor or the police custody officer believes on reasonable grounds is necessary for the security, good order or management of the police gaol or for the safety of any person at the police gaol. S. 104AF inserted by No. 59/2015 104AF Power to take photographs of detained persons S. 104AF(1) amended by No. 45/2017 s. 34(1). (1) A police officer, a police custody officer supervisor or a police custody officer may take photographs of a detained person for the purpose of identification or the compilation of custody records concerning the person at any time after the person is detained. (2) A photograph referred to in subsection (1) may be taken— (a) in a police gaol; or (b) in the vicinity of a police gaol and within a police station. S. 104AF(3) amended by No. 45/2017 s. 34(2). (3) A police officer, a police custody officer supervisor or a police custody officer may give to a detained person all necessary orders to enable the taking of accurate photographs under subsection (1). S. 104AG inserted by No. 59/2015 s. 16, amended by No. 45/2017 s. 35. 104AG Offence to disobey a lawful order A detained person must not disobey a lawful order of a police officer, a police custody officer supervisor or a police custody officer given under this Division. Penalty: 10 penalty units. S. 104AH inserted by No. 59/2015 104AH Power to restrain detained persons S. 104AH(1) amended by No. 45/2017 s. 36(1)(a). (1) The officer in charge of a police gaol may apply, or authorise a police officer, a police custody officer supervisor or a police custody officer to apply, an instrument of restraint to a detained person— (a) in the case of a police officer, while the person is being moved under escort from one place to another, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or S. 104AH(1)(b) amended by No. 45/2017 s. 36(1)(b). (b) in the case of a police custody officer supervisor or a police custody officer, while the person is being moved under escort from one place to another within a police gaol, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or (c) if the officer in charge believes on reasonable grounds that— (i) exceptional circumstances exist; and (ii) the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property. S. 104AH(1A) inserted by No. 45/2017 s. 36(2). (1A) A police custody officer supervisor may apply, or authorise a police custody officer to apply, an instrument of restraint to a detained person if the police custody officer supervisor believes on reasonable grounds that— (a) in the case of a person being moved under escort from one place to another within a police gaol, the restraint is necessary to ensure the secure transfer of the person; or (b) in any case, exceptional circumstances exist and the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property. S. 104AH(2) substituted by No. 45/2017 s. 36(3). (2) A police officer applying an instrument of restraint in accordance with subsection (1) or a police custody officer supervisor or a police custody officer applying an instrument of restraint in accordance with subsection (1) or (1A) must do so in the manner for the time being determined by the Chief Commissioner. S. 104AH(3) inserted by No. 45/2017 s. 36(4). (3) The officer in charge of a police gaol may overturn a decision of a police custody officer supervisor under subsection (1A) and decide the matter. Pt 9A Div. 3 (Heading) inserted by No. 59/2015 s. 17. Division 3—Search and seizure powers in police gaols S. 104B inserted by No. 45/1996