Australian Capital Territory Current Acts

MAGISTRATES COURT ACT 1930 - SECT 66

    (1)     A warrant authorises a police officer (an executing officer ) to—

        (a)     arrest the person named in the warrant; and

        (b)     bring the person before the court.

    (2)     If an executing officer believes on reasonable grounds that the person named in the warrant is on any premises, the officer is authorised to enter the premises, using not more than necessary and reasonable force in the circumstances, to execute the warrant.

    (3)     However, an executing officer is not authorised to enter a dwelling house to execute the warrant before 6 am or after 9 pm on any day, unless the officer believes on reasonable grounds that it would not be practicable to arrest the person at the dwelling house, or another location, at any other time.

    (4)     An executing officer—

        (a)     must use not more force than is necessary to arrest the person and remove the person to the place stated in the warrant; and

        (b)     must, before removing the person, explain to the person the purpose of the warrant; and

        (c)     must tell the person of his or her right to contact a lawyer, and allow the person to contact a lawyer if the person wishes to do so; and

        (d)     if a person is under a legal disability—must inform a parent or guardian of the person of the arrest.

    (5)     In this section:

"dwelling house" includes a conveyance, and a room in a hotel, motel, boarding house or club, where people ordinarily sleep at night.