84DApprehension of prisoner who escapes or fails to return etc.

84D Apprehension of prisoner who escapes or fails to return etc. S. 84D(1) amended by No. 37/2014 s. 10(Sch. item 32.14). (1) A person in the custody of an escort pursuant to section 84C who escapes from that custody may be apprehended without warrant by the escort, any police officer or any other person. S. 84D(1A) inserted by No. 38/2003 s. 9(2), amended by No. 37/2014 s. 10(Sch. item 32.14). (1A) A person who enters Victoria under a permit issued by a participating State permitting the person to travel without an escort to, or through, Victoria may be apprehended without warrant in Victoria by any police officer or anyone else if the person fails— (a) to return to the participating State as required by the terms of the permit; or (b) to comply with any other term of the permit. S. 84D(2) substituted by No. 38/2003 s. 9(3). (a) a person is apprehended under subsection (1) or (1A); or (b) a person in custody under section 84C has attempted to escape— the person may be taken before the Magistrates' Court. S. 84D(2A) inserted by No. 38/2003 s. 9(3). (2A) The Magistrates' Court may, despite the terms of any permit issued under an interstate law, by warrant— (a) order the person to be returned to the participating State in which the permit was issued; and (b) for that purpose, order the person to be delivered to an escort. S. 84D(3) amended by No. 38/2003 s. 9(4). (3) Subsections (1), (1A), (2) and (2A) do not apply to a person to whom section 47 of the Crimes Act 1914 of the Commonwealth applies. S. 84D(4) amended by No. 38/2003 s. 9(5). (4) A warrant under subsection (2A) may be executed according to its tenor. S. 84D(5) amended by Nos 45/1996 s. 17(Sch. 1 item 54), 38/2003 s. 9(5). (5) A person who is the subject of a warrant issued under subsection (2A) may be detained in the custody of the Secretary as a prisoner until he or she is delivered into the custody of an escort in accordance with the warrant or until the expiration of a period of 7 days from the issuing of the warrant, whichever first occurs. S. 84D(6) amended by No. 38/2003 s. 9(5). (6) If a person who is the subject of a warrant issued under subsection (2A) is not, in accordance with the warrant, delivered into the custody of an escort within a period of 7 days from the issuing of the warrant, the warrant has no further effect. S. 84D(7) amended by No. 38/2003 s. 9(5). (7) A reference in subsection (2A), (5) or (6) to an escort in relation to a person who was, at the time of his or her escape or attempted escape, being escorted under a permit issued in a participating State is a reference to— (a) the escort who had the custody of that person pursuant to that permit; or (b) a prison officer or a member of the police force of the participating State; or (c) a person appointed by the corresponding Director of the participating State by instrument in writing to be an escort for the purpose of escorting that person to the participating State— or any 2 or more of them. S. 84E inserted by No. 94/1994 s. 22.