Summary Offences Act 1953

A senior police officer may, if the officer reasonably suspects that an authorisation under section 83C(1a) could be granted in relation to a high risk missing person, apply to a judge for a high risk missing person warrant.

To avoid doubt, an application may be made under this section—

whether or not an authorisation under section 83C(1a) is in force; or

whether or not a high risk missing person warrant has previously been issued in relation to the missing person, or any premises, vehicle, vessel or place to which the application relates.

An application for a warrant may be made personally or, if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and appear before the Supreme Court, or it is otherwise not reasonably practicable to appear personally before the Supreme Court, electronically or by telephone.

The grounds of an application for a warrant must be verified by affidavit.

If an application for a warrant is made electronically, the following provisions apply:

the application must be in a form approved by the Chief Justice;

the application must be accompanied by an affidavit made by the applicant verifying the facts referred to in the application;

the applicant must be available to address the Supreme Court by telephone or electronic means determined by the judge;

the judge is entitled to assume, without further inquiry, that a person who identifies themself as the applicant is the applicant;

the judge may, on being satisfied as to the grounds for the issue of a warrant, make out and sign a warrant;

the warrant is to be taken to have been issued, and comes into force, when signed on behalf of the judge;

the judge must forward the warrant to the applicant by electronic means.

If an application for a warrant is made by telephone, the following provisions apply:

the applicant must inform the judge of the applicant's name and identify themself as a senior police officer and the judge, on receiving that information, is entitled to assume its accuracy without further inquiry;

the applicant must inform the judge of the purpose for which the warrant is required and the grounds on which it is sought;

the judge may, on being satisfied as to the grounds for the issue of the warrant, inform the applicant of the facts on which the judge relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;

if the applicant gives such an undertaking, the judge may then issue a warrant;

the warrant is to be taken to have been issued, and comes into force, when signed by the judge;

the judge must inform the applicant of the terms of the warrant;

the applicant must fill out and sign a warrant form (the duplicate warrant) that—

sets out who issued the warrant and the terms of the warrant; and

complies with any other prescribed requirements;

the applicant must, as soon as practicable after the issue of the warrant, forward to the Supreme Court an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.

An application for a high risk missing person warrant may be made and determined without notice to an owner or occupier of premises, a vehicle, a vessel or place (as the case requires).

A high risk missing person warrant—

must specify—

the name of the applicant; and

the name of the missing person to whom the warrant relates; and

any premises, vehicle, vessel or place to which the warrant relates; and

the period for which the warrant will be in force (being a period not longer than 90 days); and

any other information required by the regulations; and

may contain conditions and limitations; and

may address any other matter as the judge thinks fit.

Subject to any conditions or limitations specified in the high risk missing person warrant, the warrant authorises a police officer to exercise any powers or take any action, or continue to do so, that the police officer could take pursuant to an authority granted under section 83C(1a).

A judge may, on an application by a senior police officer made while a high risk missing person warrant is in force, extend the period for which the warrant remains in force for a specified further period (being a period not longer than 90 days).

A police officer may, in exercising powers under a high risk missing person warrant, be assisted by such persons as the officer considers necessary or desirable in the circumstances (provided that a person who is not a police officer may only provide assistance at the direction of a police officer).

A high risk missing person warrant may, at any time, be revoked by instrument in writing by the Commissioner (and must, if the missing person to whom the warrant relates is located, be revoked as soon as it is reasonably practicable to do so).

In this section—

judge means a judge of the Supreme Court of South Australia.