CRIMINAL LAW – POLICE POWERS OF ARREST Under Victorian Law, specifically the Crimes Act, Police Powers of Arrest are determined in the following sections:- 1. Section 459:– “A member of the police force or a protective services officer may at any time, without...
MOTOR TRAFFIC LAW – IMPOUNDMENT, IMMOBILISATION OR FORFEITURE ORDERS In Victoria, The Road Safety Act 1986 is the legislation that governs a majority of Motor Traffic laws, which give rise to Forfeiture, Immobilisation and Impoundment Regulations. In breaching these...
Drink and Drug Driving Offences An area of law that is often dealt with serious civil consequences, of which can also turn into criminal sentences if there is an involvement of a serious accident, or injury in the drink driving matter. Victoria is a state that has...
INTERVENTION ORDERS – TWO TYPES The use of Intervention Orders in today’s day and age are becoming more and more prevalent in our judicial system. In Victoria, Our legislature has legislated for two main types of Intervention Orders to cover for two main purposes. The...
POLICE INTERVIEWS In Victoria, when there is an Investigation on foot, the Police will require to speak to their Suspects. This can be organised to be conducted through various methods:- Police Requesting for an Interview. If there has been a request for an Interview,...
LEGAL LINKS The following are a list of legal links provided to you, as our reader, so that you yourself may become well versed with various aspects of our legal system and the relevant bodies associated. PROFESSIONAL LEGAL BODIES Law Institute of Victoria ...
Identification Parades What is an identification parade? An identification parade occurs when police ask you to stand in line with other people and have a witness pick a person they believe committed the offence. Do you have to participate in an identification parade?...
What Can You Expect From Your Lawyer Who Is Attending The Police Station With You? If you are in custody your lawyer can assist you in the following ways: Inform you that you are not required to stay at the police station if you have not been put under arrest or...
Arrest, Search & Seizure Do Police Have The Power To Arrest You? The power of arrest in Victoria is derived from the following sections of the Crimes Act 1958 (‘Crimes Act’): Section 457 Section 458 Section 459 Section 457 of the Crimes Act gives the police power...
Bail In Victoria If you are charged with an offence and are being held in custody you can be released by providing an undertaking known as ‘bail.’ Your undertaking of Bail means you are promising to attend court at a later date, and may have other conditions attached...