Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p10
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 21605–24191

which the person was arrested; and
 (d) the facts and other matters in relation to which the person has been arrested, including the reasons why the constable believes that:
 (i) the person committed the offence; and
 (ii) proceeding against the person by summons would not achieve a purpose specified in paragraph 10 (b); and
 (e) the time and date of the arrest; and
 (f) the place where the arrest occurred; and
 (g) the place of detention where the arrested person is in custody.

 (2) The information may be given to a Magistrate:
 (a) in writing; or
 (b) orally, if it is impracticable to tell the Magistrate in writing.

 (3) A special constable who has informed a Magistrate orally must, as soon as practicable:
 (a) make a statement in writing of the information given to the Magistrate; and
 (b) if the information is given to the Magistrate:
 (i) in person — take an oath before the Magistrate; or
 (ii) orally, but not in person — undertake in writing to take an oath;
  that each matter in the statement is correct to the best of his or her knowledge; and
 (c) sign the statement and certify on the statement the time at, and the date on, which it was made and any undertaking was given; and
 (d) give the statement and undertaking (if any), or a copy of the statement and undertaking, to the Magistrate.

 (4) The special constable must take an oath in accordance with an undertaking given to the Magistrate.

 (5) The oath must be:
 (a) in accordance with the form in Schedule 2; and
 (b) taken before a Magistrate or a leader or medical officer.

 (6) Unless a special constable takes the oath before the Magistrate, the constable must give an instrument setting out the oath taken by the constable, or a copy of the instrument, to the Magistrate as soon as practicable.

 (7) The Magistrate must file in the Magistrates Court the statement and undertaking (if any) and any instrument setting out the oath of the special constable, or a copy of the statement, undertaking or instrument.

16 Warrants to arrest

 (1) A Magistrate may, under Part 4 ('search warrants and warrants to arrest'), grant a warrant authorising a special constable to arrest a person named or otherwise described in the warrant.

 (2) A Magistrate must not grant a warrant to arrest a person in relation to an offence unless there are reasonable grounds to believe that proceeding by summons against the person would not achieve 1 or more of the purposes specified in paragraph 11 (b).

 (3) If a special constable has a warrant to arrest a person and it is reasonable to believe that the person