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CRIMES ACT 1914

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CRIMES ACT 1914 SECT 23XGC

23XGC Arrest of suspect not in custody
(1)
If the suspect is not in custody, the magistrate may, on the application of a constable, issue a warrant for the arrest of the suspect for the purpose of carrying out the forensic procedure.
(2)
An application for a warrant must be:
(a)
made by information on oath; and
(b)
accompanied by an affidavit dealing with matters referred to in paragraphs (3)(a) and (b).
(3)
The magistrate may issue a warrant only if satisfied:
(a)
that the arrest is necessary to ensure that the forensic procedure can be carried out; or
(b)
that the issue of the warrant is otherwise justified.
(4)
A magistrate must not issue a warrant for the arrest of a suspect for the purpose of carrying out a forensic procedure if a warrant has previously been issued (by any magistrate) for the arrest of the suspect for the purpose of carrying out that forensic procedure.
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