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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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