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Part SCHEDULE 4 - Warrants - Children, Young Persons and Their Families Act 1997 - SCHEDULE 4 - Warrants | Zoe

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Children, Young Persons and Their Families Act 1997

SCHEDULE 4 - WarrantsSCHEDULE 4 - Warrants

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SCHEDULE 4 - Warrants SCHEDULE 4 - Warrants

1. Application for warrant

(1) An application for a warrant under section 19 , 20 , 97 or 104 may be made in person or by telephone.

(2) An application for a warrant must not be made by telephone unless the applicant is of the opinion that the warrant is urgently required and there is insufficient time to make the application in person.

(3) The following provisions apply in relation to an application made by telephone:

(a) the applicant must inform the magistrate of his or her name and rank or position in the Department and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant has the authority to make the application;

(b) the applicant must inform the magistrate of the grounds on which the issue of the warrant is sought.

2. Issue of warrant on personal application

If a police officer or authorised officer applies in person for a warrant, the magistrate may issue a warrant for the purposes of section 19 , 20 , 97 or 104 if satisfied on information given on oath, personally or by affidavit that there are reasonable grounds for the issue of the warrant.

3. Issue of warrant on application by telephone

(1) If a police officer or authorised officer applies by telephone for a warrant, the magistrate may issue a warrant for the purposes of section 19 , 20 , 97 or 104 if it appears to the magistrate from the information provided by the applicant that there are proper grounds for the issue of the warrant.

(2) When issuing a warrant under subclause (1) , the magistrate –

3A. Revocation of warrant before execution

[Schedule 4 Amended by No. 64 of 2013, s. 44, Applied:01 Oct 2016]

(1) At any time before a warrant issued under section 97 or 104 is executed, the Secretary, an employee of the Department, a police officer or a guardian of a child in respect of which the warrant is issued may apply to a magistrate, whether or not the warrant was issued by that magistrate or another magistrate, for the revocation of the warrant.

(2) A magistrate may revoke a warrant issued under section 97 or 104 if satisfied that –

(a) the warrant has not been executed; and

(b) the grounds on which the warrant was issued no longer exist.

(3) An application may be made in person or, if made by the Secretary, an employee of the Department or a police officer, by telephone.

(4) A magistrate may only revoke a warrant if satisfied of the matters specified in subclause (2) –

(a) if the application is made in person, on information given on oath personally or by affidavit; or

(b) if the application is made by telephone, on information given by telephone.

(5) When revoking a warrant on an application by telephone, the magistrate –

(a) must inform the applicant of the facts that, in the opinion of the magistrate, justify the revocation of the warrant; and

(b) must not proceed to revoke the warrant unless the applicant undertakes to make an affidavit verifying those facts; and

(c) must record in writing –

(i) the name and rank or position in the Department of the applicant; and

(ii) the address or description of the premises or place to which the warrant relates; and

(iii) the facts that justify, in his or her opinion, the issue of the warrant; and

(iv) the date and time the warrant is revoked; and

(d) must sign that record or a copy of that record and file the signed record or copy, and any supporting affidavit, with the Court.

(6) If the applicant for the revocation of a warrant applies by telephone –

(a) the applicant must –

(i) record in writing the name of the magistrate who revoked the warrant and the information specified in subclause (5)(c) ; and

(ii) as soon as reasonably practicable after the magistrate revokes the warrant, provide the magistrate with an affidavit in accordance with his or her undertaking made under subclause (5)(b) ; and

(b) the record made by the applicant under paragraph (a)(i) is taken to be a revocation of the warrant issued by the magistrate.

(7) A warrant is revoked –

(a) in the case of an application made in person, when the magistrate issues the revocation of the warrant; or

(b) in the case of an application made by telephone, when the magistrate communicates the terms of the revocation of the warrant to the applicant.

(8) An application for the revocation of a warrant does not stay the warrant.

(9) If, before the application for the revocation of a warrant is determined, the warrant is executed, the application is taken to have been withdrawn.