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Person on bail or parole

Information about the powers of protective services officers (PSOs) where a person is on bail.

Person who is on bail

A police officer or protective services officer (PSO) who is on duty and in a designated place may arrest a person who has been released on bail.

They do not need a warrant to arrest a bailee under any of these circumstances:

  • if there are reasonable grounds for belief that the person is likely to (or already has) breach(ed) the bail undertaking or any condition of their bail (for example, if they have not turned up in court on the appointed date)
  • if a bail guarantor (person who is putting up money for bail) has sent a notice in writing that they believe the person on bail is likely to break their promise to attend court and wants to end their obligations as a bail guarantor
  • if there are reasonable grounds to believe that the bail guarantor is dead
  • if there is any other reason to believe that the security is no longer sufficient.

See s. 24(1)—Bail Act 1977 (Vic)

Prisoner on parole

A PSO who is on duty in a designated area has the power (under an arrest warrant) to arrest a prisoner who has been released on parole if that prisoner’s parole has been cancelled.

They may also arrest a prisoner without a warrant if they have a reasonable suspicion that the person has breached a term or condition of their parole. See ss, 77B, 78B, 78A—Corrections Act 1986 (Vic).

What happens after arrest?

If the Protective services officer makes an arrest under these circumstances, they must hand that person into the custody of a police officer as soon as practical after the arrest is made. The police must then bring that person before a bail justice (or to court) within 24 hours.

See:

More information

Legislation

Bail Act 1977 (Vic)

  • s. 24—protective services officer on duty at a designated place may arrest a person who is on bail
  • s. 24(1A)—if they arrest a person the PSO must hand the person into the custody of police

Corrections Act 1986 (Vic)

  • s. 77B—return of prisoner to prison if parole is cancelled
  • s. 78A—arrest and detention for breach of a term or condition of parole
  • s. 78B—arrest and detention for breach of parole order

Updated