Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23WW

Securing the presence of suspect at hearing--suspect not in custody

             (1)  If the suspect is not in custody, the magistrate may, on the application of a constable:

                     (a)  issue a summons for the appearance of the suspect at the hearing of the application; or

                     (b)  issue a warrant for the arrest of the suspect for the purpose of bringing the suspect before the magistrate for the hearing of the application.

             (2)  An application for a summons under subsection (1) must be:

                     (a)  made by information on oath; and

                     (b)  accompanied by an affidavit dealing with matters referred to in paragraphs (3)(a) and (b).

             (3)  The magistrate may issue a summons only if satisfied:

                     (a)  that the issue of the summons is necessary to ensure the appearance of the suspect at the hearing of the application; or

                     (b)  that the issue of the summons is otherwise justified.

             (4)  An application for a warrant under subsection (1) must be:

                     (a)  made by information on oath; and

                     (b)  accompanied by an affidavit dealing with matters referred to in paragraphs (5)(a), (b) and (c).

             (5)  The magistrate may issue a warrant only if satisfied:

                     (a)  that the arrest is necessary to ensure the appearance of the suspect at the hearing of the application, and that the issue of a summons would not ensure that appearance; or

                     (b)  that the suspect might destroy evidence that might be obtained by carrying out the forensic procedure; or

                     (c)  that the issue of the warrant is otherwise justified.



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