563Warrant to arrest security patient absent without leave who leaves Victoria

563 Warrant to arrest security patient absent without leave who leaves Victoria

(1) An appropriate person may apply to a magistrate, a Judge of the Supreme Court or a judge of the County Court for a warrant to arrest a security patient if it appears to the appropriate person that the security patient—

(a) is absent from a designated mental health service without leave of absence; and

(b) is no longer in Victoria.

(2) A warrant to arrest may be issued against the security patient if the magistrate, a Judge of the Supreme Court or a judge of the County Court is satisfied by evidence on oath or by affirmation (whether oral or by affidavit) of the matters specified in subsection (1)(a) and (b).

Under the Service and Execution of Process Act 1992 of the Commonwealth, a person who is apprehended interstate under a warrant issued in Victoria is to be taken before a magistrate in the place where the person is apprehended. That Act provides for the magistrate to specify the place in Victoria to which the person is then to be taken.

(3) Except as provided by this Act, the rules to be observed with respect to arrest warrants under the Magistrates' Court Act 1989 extend and apply to arrest warrants under this section.

(4) In this section, appropriate person means—

(d) the chief psychiatrist; or

(c) the Health Secretary; or

(d) the Justice Secretary.

Part 10.8—Interstate security patients