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Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (30) - Apprehension of offenders
459 Powers of police officer or protective services officer to apprehend offenders
(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(1) amended by No. 37/2014 s. 10(Sch. item 36.15(a)).Note to s. 459(1) inserted by No. 1/2016 s. 22(1).
(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(a) 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).
S. 459(b) amended by No. 68/2009 s. 97(Sch. item 40.33).
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)).
(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.