Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23ww
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23WW
Character Range: 1134679–1136141

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.