77BSecuring the presence of serious offender at hearing—

77B Securing the presence of serious offender at hearing— offender not in custody (a) a police officer makes an application under section 77 in relation to a serious offender; and (b) the serious offender is not in custody. (2) The Magistrates Court may, on the application of a police officer— (a) issue a summons for the appearance of the serious offender at the hearing of the application; or (b) issue a warrant for the arrest of the serious offender to bring the serious offender before the court for the hearing of the application. (3) An application for a summons or warrant under subsection (1) must be— matters mentioned in— (i) for a summons—subsection (4) (a) and (b); and (ii) for a warrant—subsection (5) (a), (b) and (c). (4) The Magistrates Court may issue a summons only if satisfied that— (a) the issue of the summons is necessary to ensure the appearance of the serious offender at the hearing of the application; or (b) the issue of the summons is otherwise justified. (5) The Magistrates Court may issue a warrant only if satisfied that— (a) the arrest is necessary to ensure the appearance of the serious offender at the hearing of the application; or

(b) the serious offender might destroy evidence that might be obtained by carrying out the forensic procedure; or (c) the issue of the warrant is otherwise justified.