Arrest warrant for accused, how application for to be made (Act s. 28)
9 Arrest warrant for accused, how application for to be made (Act s. 28)
In this regulation —
remote communication means any way of communicating at a distance including by telephone, fax, email and radio.
A reference in this regulation to making an application includes a reference to giving information in support of the application.
This regulation applies to and in respect of an application to a magistrate under the CPA section 28 for an arrest warrant for an accused.
The application must be made in person before the magistrate in chambers unless —
the warrant is needed urgently; and
the applicant reasonably believes that a magistrate is not available within a reasonable distance of the applicant,
in which case —
it may be made to a magistrate by remote communication; and
the magistrate must not grant it unless satisfied about the matters in paragraphs (a) and (b).
The application must be made in writing unless —
the application is made by remote communication; and
it is not practicable to send the magistrate written material,
in which case —
it may be made orally; and
the magistrate must make a written record of the application and any information given in support of it.
Despite subregulation (5), information in support of the application may be given orally if the warrant is needed urgently, in which case the magistrate must make a written record of the information.
The application must be made on oath unless —
the application is made by remote communication; and
it is not practicable for the magistrate to administer an oath to the applicant,
in which case —
it may be made in an unsworn form; and
if the magistrate issues a warrant, the applicant must as soon as practicable send the magistrate an affidavit verifying the application and any information given in support of it.
If on an application made by remote communication a magistrate issues a warrant, the magistrate must, if practicable, send a copy of the original warrant to the applicant by remote communication, but otherwise —
the magistrate must give the applicant by remote communication any information that must be set out in the warrant; and
the applicant must complete a form of a warrant with the information received and give the magistrate a copy of the form as soon as practicable after doing so; and
the magistrate must attach the copy of the form to the original warrant and any affidavit received from the applicant and make them available to the applicant.
The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subregulation (7) has the same force and effect as the original warrant.
If an applicant contravenes subregulation (6)(d) or (7)(b) any evidence obtained under the warrant is not admissible in proceedings in a court unless the court is satisfied that the desirability of admitting the evidence outweighs the undesirability of admitting the evidence.
[Regulation 9 amended: Gazette 14 Nov 2006 p. 4728.]
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