Western Australian Current Acts

HIGH RISK SERIOUS OFFENDERS ACT 2020 - SECT 37

37 .         Provisions relating to restriction order applications

        (1)         A restriction order application must be accompanied by any affidavits to be relied on by the State for the purpose of seeking an order or orders under section 46.

        (2)         Within 7 days after making a restriction order application, the State must give the offender a copy of the application and any affidavits accompanying it.

        (3)         At the time of, or after, making a restriction order application, the State may apply to the Supreme Court for a summons or warrant if the offender —

            (a)         is not in custody; or

            (b)         may not be in custody at the time of the preliminary hearing.

        (4)         If the State applies under subsection (3), the Supreme Court may issue, in the form approved under section 89 —

            (a)         a summons requiring the offender to appear before the Supreme Court for the preliminary hearing; or

            (b)         a warrant directed to all police officers for the offender to be arrested and brought before the Supreme Court for the preliminary hearing.