121Arrest warrants

121 Arrest warrants (1) Where an information on oath is laid before a justice of the peace alleging that there are reasonable grounds for believing that a person has committed an offence: (a) the justice of the peace may, subject to subsection (3), issue a warrant for the arrest of the person and for bringing him before a court specified in the warrant to answer to the information and to be further dealt with according to law; or (b) the justice of the peace may issue a summons requiring the person to appear before a court to answer to the information. (2) At any time after a justice of the peace has issued a summons requiring a person to appear before a court to answer to an information under subsection (1) and before the summons has been duly served on the person, a justice of the peace may, subject to subsection (3), issue a warrant for the arrest of the person and for bringing him before a court specified in the warrant to answer to the information and to be further dealt with according to law. (3) A justice of the peace shall not issue a warrant under subsection (1) or (2) in relation to an information unless: (a) an affidavit has been furnished to the justice of the peace setting out the grounds on which the issue of the warrant is being sought; (b) the informant or some other person has furnished to the justice of the peace such further information, if any, as the justice of the peace requires concerning the grounds on which the issue of the warrant is being sought; and (c) the justice of the peace is satisfied that there are reasonable grounds for issuing the warrant. Police Administration Act 1978 95 (4) Where an informant furnishes information to a justice of the peace for the purposes of subsection (3)(b), he shall furnish the information on oath. (5) Where a justice of the peace issues a warrant under subsection (1), he shall state on the affidavit furnished to him in accordance with subsection (3) which of the grounds, if any, specified in that affidavit he has relied on to justify the issue of the warrant and particulars of any other grounds relied on by him to justify the issue of the warrant. (6) Nothing in this section affects the application of section 19A of the Service and Execution of Process Act 1992 of the Commonwealth. (7) A member may, at any time before a warrant issued under subsection (1) is executed, make application to a justice of the peace to withdraw the warrant. (8) Where a warrant issued under subsection (1) has been executed the person arrested shall be charged with the offence specified in the warrant.