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.

82 Remand of more than 8 clear days

(1)The Court must not remand an accused in custody for a period of more than 8 clear days unless both the accused and the informant consent.

S. 82(1) amended by No. 68/2009 s. 97(Sch. item 82.39).

(2)If an accused9—the remand warrant must direct the Secretary to the Department of Justice or the Chief Commissioner of Police or the Secretary to the Department of Human Services (as the case requires) or any other person into whose custody the accused is transferred to bring the accused at the end of 8 clear days (unless in the meantime he or she is released on bail) before the Court.

S. 82(2) amended by Nos 33/1994 s. 10(2), 45/1996 s. 18(Sch. 2 item 9.3), 4/1997 s. 8(1), 46/1998 s. 7(Sch. 1), 68/2009 s. 97(Sch. item 82.40), 69/2009 s. 54(Sch. Pt 2 item 32), 38/2016 s. 10(1).

(a)has been granted bail; and

(b)has consented to an adjournment of the proceeding for a period of more than 8 clear days; and

(c)has not yet been released on bail—

(3)For the purposes of subsection (2), the accused must be brought—

S. 82(3) inserted by No. 38/2016 s. 10(2).

(a)before the Court as authorised or required under Division 3 of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958; or

(b)before the venue of the Court prescribed for the purposes of this section.

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