Australian Capital Territory Numbered Acts

CORONERS ACT 1997 (NO. 57 OF 1997) - SECT 45

45. (1) Where—

        (a)     a summons under section 43 has been served on the person to whom it is directed; and

        (b)     the person fails to attend at the time and place specified in the summons;

the Coroner may issue his or her warrant for the arrest of the person.

(2) A warrant under subsection (1) may be directed to all members of the Police Force, and any member of the Police Force may execute the warrant as if it had been directed specifically to him or her by name.

(3) The member of the Police Force who executes a warrant under subsection (2) shall, as soon as possible after the arrest of the person named in the warrant, take the person before a Coroner.

(4) Where a person who has been so arrested is brought before a Coroner, the Coroner—

        (a)     may direct that the person remain in such custody as the Coroner directs; or

        (b)     may release the person upon the person entering into a recognizance, with or without sureties, in such sum as the Coroner determines that the person will attend at a time and place specified in the recognizance.

(5) If a person who has been released under paragraph (4) (b) fails to attend at the time and place specified in the recognizance—

        (a)     the Coroner may issue his or her warrant for the arrest of the person; and

        (b)     the Coroner may declare the recognizance of the person and the recognizance of his or her sureties to be forfeited and—

              (i)     such a declaration shall be deemed to be the declaration of the forfeiture of a recognizance under section 254 of the Magistrates Court Act 1930 ; and

              (ii)     the provisions of that section apply to the declaration accordingly.