459Powers of police officer or protective services officer to apprehend offenders

459 Powers of police officer or protective services officer to apprehend offenders

S. 459(1) amended by No. 37/2014 s. 10(Sch. item 36.15(a)).

(1) In addition to exercising any of the powers conferred by section 458 or by or under any other Act a police officer, or a protective services officer on duty at a designated place, may at any time without warrant apprehend any person—

S. 459(a) amended by No. 68/2009 s. 97(Sch. item 40.33).

(a) he believes on reasonable grounds has committed an indictable offence in Victoria (including any indictable offence which may be heard and determined summarily); or

S. 459(b) amended by No. 68/2009 s. 97(Sch. item 40.33).

(b) he believes on reasonable grounds has committed an offence elsewhere which if committed in Victoria would be an indictable offence against the law of Victoria (including any indictable offence which may be heard and determined summarily).

Note to s. 459(1) inserted by No. 1/2016 s. 22(1).

There is a presumption in favour of proceeding by summons if an accused is a child—see section 345 of the Children, Youth and Families Act 2005.

S. 459(2) inserted by No. 43/2011 s. 17(3), amended by No. 37/2014 s. 10(Sch. item 36.15(a)).

(2) 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. 459(2A) inserted by No. 45/2017 s. 52.

(2A) A protective services officer may only exercise the power to apprehend without warrant under this section in relation to a person who is at, or in the vicinity of, a designated place.

S. 459(3) inserted by No. 43/2011 s. 17(3), amended by No. 37/2014 s. 10(Sch. item 36.15(b)).

(3) In this section, designated place has the same meaning as it has in the Victoria Police Act 2013.

S. 459A inserted by No. 9576 s. 7(a).