Document ID: chunk:federal_register_of_legislation:F2008C00189:body:0:p11
Version: federal_register_of_legislation:F2008C00189
Segment Type: other
Provision Reference: 
Character Range: 24019–26546

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 a purpose 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 is on premises, the constable may enter the premises, with such assistance as is necessary and reasonable and if necessary and reasonable by force, at any time for the purpose of searching the premises for the person or arresting the person.

 (4) Unless sooner revoked, a warrant to arrest a person authorises the detention of the person until:
 (a) a leader declines to charge the person in accordance with subsection 24 (1); or
 (b) a Magistrate declines to grant a warrant of detention in respect of the person under subsection 30 (4); or
 (c) a certificate of bail is granted in relation to the person; or
 (d) a warrant of detention is granted in respect of the person;
whichever happens first.

 (5) A warrant to arrest must be in accordance with Form 2.

17 Summons

 (1) If a Magistrate does not grant an application for a warrant to arrest a person, the Magistrate may issue a summons to the person.

 (2) A summons must be in accordance with Form 3.

Part 4 Search warrants and warrants to arrest

18 Interpretation

  In this Part, warrant means search warrant or warrant to arrest.

19 Application for warrants

 (1) A special constable may apply for a warrant:
 (a) in writing; or
 (b) orally, if it is impracticable to apply in writing.

 (2) An applicant for a warrant must tell the Magistrate:
 (a) his or her name; and
 (b) if he or she is a police officer:
 (i) his or her rank; and
 (ii) his or her AFP service number; and
 (c) the place where the applicant is located when making the application; and
 (d) the offence to which the application relates; and
 (e) in the case of an application for a search warrant in respect of premises:
 (i) a description of the premises to which the application relates; and
 (ii) the things or kinds of things to be searched for under the warrant; and
 (f) in the case of an application for a search warrant in respect of a person or a warrant to arrest — the name or a description of the person to whom the application relates; and
 (g) in the case of an application for a warrant