37Securing the presence of suspects at hearings—suspect

37 Securing the presence of suspects at hearings—suspect not in custody (1) If the suspect is not in custody, the Magistrates Court may, on the application of a police officer, issue— (a) a summons for the appearance of the suspect at the hearing of the application; or (b) a warrant for the arrest of the suspect to bring the suspect before the court for the hearing of the application. (2) An application for a summons or warrant under subsection (1) must be— matters mentioned in— (i) for a summons—subsection (3) (a) and (b); and

(ii) for a warrant—subsection (4) (a) (b) and (c). (3) The Magistrates Court may issue a summons only if satisfied that the issue of the summons— (a) is necessary to ensure the appearance of the suspect at the hearing of the application; or (b) is otherwise justified. (4) The Magistrates Court 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; 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.