South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 76A

76A—Apprehension etc of parolees on application of CE

        (1)         If the CE or a police officer suspects on reasonable grounds that a person who has been released on parole may have breached a condition of parole, the CE or police officer may apply to—

            (a)         the presiding member or deputy presiding member of the Board; or

            (b)         if, after making reasonable efforts to contact the presiding member and deputy presiding member, neither is available—a magistrate,

for the issue of a warrant for the arrest of the person.

        (2)         A warrant issued under this section authorises the detention of the person in custody pending appearance before the Board.

        (3)         A magistrate must, on application under this section, issue a warrant for the arrest of a person or for the arrest and return to prison of a person (as the case may require) unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.

        (4)         If a warrant is issued by a magistrate under this section—

            (a)         the CE or police officer (as the case requires) must, within 2 working days of the warrant being issued, provide the Board with a written report on the matter; and

            (b)         the warrant will expire at the end of the period of 2 working days after the day on which the report is provided to the Board; and

            (c)         the presiding member or deputy presiding member of the Board must consider the report within 2 working days after receipt and—

                  (i)         issue a fresh warrant for the continued detention of the person pending appearance before the Board; or

                  (ii)         cancel the warrant, order that the person be released from custody and, if appearance before the Board is required, issue a summons for the person to appear before the Board.

        (5)         If a warrant expires under subsection (4)(b) or a fresh warrant is not issued under subsection (4)(c)(i), the person must be released from detention.

        (6)         The Board may, if it thinks there is good reason to do so, by order, cancel a warrant issued under this section that has not been executed.