57AWitness already held in custody

57A Witness already held in custody

S. 57A(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.102).

(1) If a witness summons is issued to a person who is in a prison or a police gaol, Integrity Oversight Victoria may give a written direction that the person be delivered into the custody of a police officer for the purpose of bringing the person before Integrity Oversight Victoria as required by the witness summons.

(2) A direction under subsection (1)—

(a) must be in the prescribed form; and

S. 57A(2)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.102).

(b) must include a statement that, if the person who is the subject of the direction is under the age of 16 years at the date the direction is given, the direction is of no effect and the person is not required to attend Integrity Oversight Victoria.

(3) While a person who is the subject of a direction under subsection (1) is absent from a prison or a police gaol, the person is deemed to be in the legal custody of the police officer.

S. 57A(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.102).

(4) The person is to be detained in the legal custody of the police officer until the person is excused by Integrity Oversight Victoria from attendance.

S. 57A(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.102).

(5) When the person is excused by Integrity Oversight Victoria from attendance, the police officer must return the person to the prison or the police gaol from which the person was removed.

S. 58 inserted by No. 19/2012 s. 12, amended by No. 82/2012 ss 45, 211, 274.