Arrest of witness under arrest warrant
71 Arrest of witness under arrest warrant
A person arrested under an arrest warrant issued under this Part is to be brought before a coroner who is a Judge as soon as practicable after the person’s arrest.
Subject to subsection (3), a person arrested under an arrest warrant may be dealt with in the same way as a witness arrested under a warrant issued under section 231 of the Criminal Procedure Act 1986.
A coroner before whom a person is brought after having been arrested under an arrest warrant issued under this Part—
must, subject to the Bail Act 2013, order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and
must order the person to be brought before a coroner at such time and place as is specified in the order.
A coroner may make a bail decision in respect of the person under the Bail Act 2013.
The Bail Act 2013 applies to the person as if—
the person were accused of an offence, and
the proceedings in which the person is required to be examined or produce a document or thing were proceedings for that offence.
Bail may be granted for the period between—
the person’s being brought before a coroner under a warrant for the purpose of being examined as a witness or producing a document or thing, and
the person’s being examined as a witness or producing the document or thing.
For the purpose of applying the Bail Act 2013, a coroner has the same functions as the Local Court under that Act.
(Repealed)
This Act’s bill:Explanatory memorandumSecond reading speech
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