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Crimes Act 1900
219Warrants for arrest
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219 Warrants for arrest
(1) An issuing officer shall not issue a warrant for the arrest of a person
for an offence as a result of an information laid before the officer
(a) the information is on oath; and
(b) subject to subsection (3), the informant has given the issuing
officer an affidavit setting out the reasons why the warrant is
sought, including the following reasons:
(i) the reasons why it is believed that the person committed
the offence;
(ii) the reasons why it is claimed that proceedings by summons
would not achieve 1 or more of the purposes set out in
section 212 (1) (b);
(c) if the issuing officer has requested further information about the
reasons for which the issue of the warrant is sought—that
information has been provided to the officer; and
(d) the issuing officer is satisfied that there are reasonable grounds
for the issue of the warrant.
(2) If the issuinkg officer issues a warrant, he or she shall write on the
affidavit which of the reasons specified in the affidavit, and any other
reasons, the officer has relied on as justifying the issue of the warrant.
(3) Subsection (1) (b) does not apply if the issuing officer is informed
that the warrant is sought for the purpose of making a request for the
extradition of a person from a foreign country.
(4) This section does not apply to the issue of a warrant under the Bail
Act 1992, section 49 (2) (Failure to answer bail).