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Police Administration Act 1978
121Arrest warrants
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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.