160Examination—executing warrant to arrest witness who

160 Examination—executing warrant to arrest witness who fails to appear (1) This section applies if a magistrate issues an arrest warrant under section 159. (2) The warrant authorises a police officer to— (a) arrest the person named in the warrant; and (b) bring the person before the commission.

(3) If a police officer believes on reasonable grounds that the person named in the warrant is on any premises, the police officer is authorised to enter the premises, with necessary assistance and force, to execute the warrant. (4) However, the police officer must not enter premises (or a part of premises) used only for residential purposes to execute the warrant before 6 am or after 9 pm on any day unless the police officer believes on reasonable grounds that— (a) it would not be practicable to arrest the person, either at the premises or somewhere else, at another time; or (b) it is necessary to enter the premises to prevent the concealment, loss or destruction of evidence of, or relating to, corrupt conduct. (5) A police officer executing the warrant— (a) must use not more than the minimum amount of force necessary to arrest the person and remove the person to the place stated in the warrant; and (b) must, before removing the person, explain to the person the purpose of the warrant; and (c) must bring the person immediately before the commission; and (d) if a person is under a legal disability—must inform a parent or guardian of the person of the arrest. (6) If, after arresting the person, the police officer believes on reasonable grounds that the person cannot be brought immediately before the commission, the police officer must immediately release the person.

Examinations—privilege Division 3.6.2