Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

65 Arrest of person against whom warrant to arrest is issued

(1)If a warrant to arrest a person who is an accused to a charge has been issued, any police officer, or any protective services officer on duty at a designated place, may arrest the person although the execution copy of the warrant is not at the time in the police officer's or protective services officer's possession.

S. 65(1) amended by Nos 68/2009 s. 97(Sch. item 82.32), 43/2011 s. 36(1), 37/2014 s. 10(Sch. item 101.3(a)).

(1A)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. 65(1A) inserted by No. 43/2011 s. 36(2), amended by No. 37/2014 s. 10(Sch. item 101.3(b)).

(1B)A protective services officer may only exercise the power to arrest under this section in relation to a person who is at, or in the vicinity of, a designated place.

S. 65(1B) inserted by No. 45/2017 s. 55.

(2)On the arrest of a person under subsection (1) by a police officer or on the handing of a person arrested by a protective services officer into the custody of a police officer under subsection (1A), the police officer must bring the person arrested before a bail justice or the Court within a reasonable time of being arrested or handed into the custody of the police officer (as the case may be) and the bail justice or the Court may—

S. 65(2) amended by Nos 49/1990 s. 5(c), 43/2011 s. 36(3), 37/2014 s. 10(Sch. item 101.3(b)).

(a)if a fresh charge-sheet is filed to the effect of the offence or matter alleged in the warrant—

S. 65(2)(a) amended by No. 68/2009 s. 97(Sch. item 82.33).

(i)permit the person to go at large; or

(ii)admit the person to bail; or

(iii)in the case of the Court, hear and determine the proceeding for the offence; or

(b)if a fresh charge-sheet is not filed to the effect of the offence or matter alleged in the warrant—

S. 65(2)(b) amended by No. 68/2009 s. 97(Sch. item 82.33).

(i)permit the person to go at large; or

(ii)admit the person to bail; or

(iii)remand the person in custody for a reasonable time pending execution of the warrant.

(3)If a person has been arrested under subsection (1) and has been remanded in custody pending execution of the warrant and the warrant is not executed within a reasonable time, the Court must discharge the person from custody.

(4)If a warrant is executed by use of a copy other than the execution copy, the Court must—

(a)if satisfied that the copy is a true copy of the execution copy—

(i)proceed as if the person had been arrested on the execution copy; and

(ii)order that the execution copy be returned to the principal registrar; or

(b)if not so satisfied, discharge the person from custody.

(5)If a warrant is not executed and a fresh charge-sheet charging the offence alleged in the warrant is filed, the warrant is deemed to be void and of no effect and the Court must order its return to the principal registrar.

S. 65(5) amended by No. 68/2009 s. 97(Sch. item 82.34).

(6)In determining what constitutes a reasonable time for the purposes of subsection (2) the matters specified in section 464A(4) of the Crimes Act 1958 may be considered.

S. 65(6) amended by No. 49/1990 s. 5(d).

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