A person who voluntarily enters the rear of a police van is not detained merely because they subsequently change their mind and wish to leave, unless there is evidence that police refused a request to be released. Proof of a valid 'requirement to accompany' under s 55(1) of the Road Safety Act 1986 (Vic) is not an essential precondition to proof of the offence under s 49(1)(f); however, abuse of the power may lead to discretionary exclusion of the breath test evidence under the Evidence Act 2008 (Vic). The position differs for charges under s 49(1)(e) (refusal to comply), where a valid requirement is a necessary element.
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