What is section 464 of the crimes Act?

This is because they will then ascertain whether police have complied with Section 464 of the Crimes Act 1958 (Vic) (‘Crimes Act’) in regards to information that must be given to a person before any questioning starts and the processes to be followed for taking fingerprints and the conduct of forensic procedures.

What is the purpose of the Crimes Act 1958?

The Crimes Act 1958 is an Act of the Parliament of Victoria. The Act codified most common law crimes in the jurisdiction.

Is the Crimes Act common law?

Common law versus Code jurisdictions In others, the criminal law has been wholly codified. The common law jurisdictions of Australia are New South Wales, South Australia and Victoria; the code jurisdictions are Australian Capital Territory, the Northern Territory, Queensland, Tasmania, and Western Australia.

What is an investigating official?

“investigating official” means: (a) a member or special member of the Australian Federal Police (other than a member or special member of the Australian Federal Police who is engaged in covert investigations under the orders of a superior); or.

What does section 464C of the Crimes Act 1958 mean?

Section 464C of the Crimes Act 1958  gives a suspect in custody of an investigating official the right to communicate with a legal practitioner before being questioned. The communication must be in private, where possible (s. 464(C)(2)(b)).

What do you need to know about section 464A?

(1) Before any questioning or investigation under section 464A (2) commences, an investigating official must inform the person in custody that he or she— (a) may communicate with or attempt to communicate with a friend or relative to inform that person of his or her whereabouts; and S. 464C (1) (b) amended by No. 72/2013 s. 5 (1).

What are the rights under the Crimes Act 1958?

Right to communicate with friend, relative and legal practitioner (1) Before any questioning or investigation under section 464A(2) commences, an investigating official must inform the person in custody that he or she—

What is section 464A of the Corrections Act 1986?

Section 78D of the Corrections Act 1986 provides for the application of section 464A in relation to persons detained under that Act. S. 464B inserted by No. 37/1988 s.