Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The Section 460 Controversy in Victoria

The Section 460 Controversy in Victoria AUST & NZ JOURNAL OF CRIMINOLOGY (September 1984) 17 (129-132) 129 EDITORIAL For some time there has been a considerable controversy in Victoria over s 460 of the Victorian Crimes Act. This is a provision of fundamental importance to the Victorian criminal process. It deals with the question of what time is to elapse between the point when a crime suspect is taken into custody and when he is taken before a court. It is a crucial section to be examined by a judge or magistrate when called upon to exercise the discretion to exclude evidence, especially confessional evidence, which has allegedly been obtained when the suspect was being unlawfully detained. More broadly, it is, of course, of crucial significance because upon its interpretation depends the answer to the question how much time do police have to conduct their investigative activities. Section 460 is, therefore, in many respects the fulcrum for the whole Victorian criminal investigative apparatus. Over the past couple of years a complex combination of developments has resulted in the very recent amendment of s 460. Before amendment the section read as follows: "Every person taken into custody for an offence (whether committed in Victoria or elsewhere) http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian & New Zealand Journal of Criminology SAGE

The Section 460 Controversy in Victoria

Australian & New Zealand Journal of Criminology , Volume 17 (3): 4 – Sep 1, 1984
Download PDF
4 pages

Loading next page...
 
/lp/sage/the-section-460-controversy-in-victoria-ixUOk9szUh

References (0)

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
SAGE
Copyright
Copyright © by SAGE Publications
ISSN
0004-8658
eISSN
1837-9273
DOI
10.1177/000486588401700301
Publisher site
See Article on Publisher Site

Abstract

AUST & NZ JOURNAL OF CRIMINOLOGY (September 1984) 17 (129-132) 129 EDITORIAL For some time there has been a considerable controversy in Victoria over s 460 of the Victorian Crimes Act. This is a provision of fundamental importance to the Victorian criminal process. It deals with the question of what time is to elapse between the point when a crime suspect is taken into custody and when he is taken before a court. It is a crucial section to be examined by a judge or magistrate when called upon to exercise the discretion to exclude evidence, especially confessional evidence, which has allegedly been obtained when the suspect was being unlawfully detained. More broadly, it is, of course, of crucial significance because upon its interpretation depends the answer to the question how much time do police have to conduct their investigative activities. Section 460 is, therefore, in many respects the fulcrum for the whole Victorian criminal investigative apparatus. Over the past couple of years a complex combination of developments has resulted in the very recent amendment of s 460. Before amendment the section read as follows: "Every person taken into custody for an offence (whether committed in Victoria or elsewhere)

Journal

Australian & New Zealand Journal of Criminology – SAGE

Published: Sep 1, 1984

There are no references for this article.