Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23XGC

Arrest of suspect not in custody

  (1)   If the suspect is not in custody, the magistrate may, on the application of a constable, issue a warrant for the arrest of the suspect for the purpose of carrying out the forensic procedure.

  (2)   An application for a warrant 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 warrant only if satisfied:

  (a)   that the arrest is necessary to ensure that the forensic procedure can be carried out; or

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

  (4)   A magistrate must not issue a warrant for the arrest of a suspect for the purpose of carrying out a forensic procedure if a warrant has previously been issued (by any magistrate) for the arrest of the suspect for the purpose of carrying out that forensic procedure.



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