Application for warrant for apprehension of person
377 Application for warrant for apprehension of person
This section applies if an authorised person considers a warrant for apprehension of a person is necessary to enable an authorised person to transport the person under this Act to an authorised mental health service or public sector health service facility for examination, assessment, or treatment and care.
The authorised person may apply to a magistrate for a warrant for apprehension of the person.
The authorised person must prepare a written application stating the grounds on which the warrant is sought.
The written application must be sworn.
The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
Example—
The magistrate may require additional information supporting the application to be given by statutory declaration.
This Act’s bill:Explanatory memorandumSecond reading speech
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