Arrest warrants, issue and execution of
148 Arrest warrants, issue and execution of
Where an investigation relates to serious misconduct or a summons is issued pursuant to an application under section 48, if a person who has been served with a summons under section 96 fails to attend as required by the summons and section 97, the Commission may, on proof by a statement verified by statutory declaration that the summons was served, issue a warrant for the apprehension of that person.
If a person who has been served under the Criminal Property Confiscation Act 2000 section 59 with a copy of an examination order made by the Commission fails to attend before the Commission as required under the examination order, the Commission may, on proof by a statement verified by statutory declaration that the examination order was served, issue a warrant for the apprehension of that person.
The Commission may issue a warrant for the apprehension of a person whose evidence is desired and is necessary and relevant to the Commission’s investigation if the Commission is satisfied by evidence on oath or affirmation that it is probable that the person —
will not attend before the Commission to give evidence without being compelled to do so; or
is about to or is making preparation to leave the State and the person’s evidence will not be obtained by the Commission if the person departs.
The powers conferred by subsection (2) must not be exercised unless the Commission is satisfied that the evidence of the person concerned is required for the purpose of investigating any conduct that constitutes or involves or may constitute or involve serious misconduct.
A warrant may be issued under subsection (2) without or before the issue of a summons to the person whose evidence is desired.
A warrant may be issued under subsection (2) after the issue of a summons to the person whose evidence is desired, even though the time specified in the summons for the person to attend has not yet passed.
A warrant issued under this section authorises any person to whom it is addressed —
to apprehend the person named in the warrant at any time and bring immediately the person before the Commission; and
for that purpose, to detain the person named in the warrant in custody until released by order of the Commission or, on review, by order of the Supreme Court.
The person executing the warrant may —
break and enter any place, building, vessel or other thing for the purpose of executing the warrant; and
use reasonable force and assistance to apprehend the person named in the warrant.
Before the person acting under the warrant (the authorised person) uses force that may cause damage to any property in order to gain access or entry to a place or thing, the authorised person must, if reasonably practicable —
give the occupier of the place a reasonable opportunity to allow the authorised person entry or access to the place; or
give the person who has possession or control of the thing a reasonable opportunity to allow the authorised person to have access to the thing,
as the case requires, unless the authorised person suspects on reasonable grounds that to do so would frustrate the effectiveness of the warrant or would endanger any person.
The apprehension of a person under this section does not prevent the person from being dealt with under section 159 for contempt.
[Section 148 inserted: No. 78 of 2003 s. 17; amended: No. 35 of 2014 s. 31; No. 10 of 2018 s. 16.]
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