Arrest under warrant
33 Arrest under warrant
A police officer of the State may arrest a person in another participating jurisdiction under a warrant if —
under the law of the State, the police officer would have been able to arrest the person in the State under a warrant; and
the person has a connection with a cross‑border region.
A magistrate of the State —
may issue in another participating jurisdiction a warrant for the arrest of a person under the law of the State if the person has a connection with a cross‑border region; and
for that purpose, may exercise in that other jurisdiction any of the powers the magistrate has under the law of the State for the purpose of issuing warrants for the arrest of persons.
The law of the State applies (with any appropriate modifications) in relation to the arrest and the warrant.
Examples for this section:
1. A person is suspected of committing an offence under WA law in the WA portion of the WA/SA/NT region. A WA magistrate anywhere in WA, SA or the NT may issue a warrant for the person’s arrest. A WA police officer may arrest the person under the warrant anywhere in WA, SA or the NT.
2. A person who ordinarily resides in the WA/SA region is suspected of committing an offence under WA law in Kalgoorlie. A WA magistrate anywhere in WA or SA may issue a warrant for the person’s arrest. A WA magistrate in the NT cannot issue a warrant. A WA police officer may arrest the person under the warrant anywhere in WA or SA but not in the NT.
3. A person who ordinarily resides in the WA/NT region is suspected of committing an offence under WA law in the WA portion of the WA/SA region. A WA magistrate anywhere in WA, SA or the NT may issue a warrant for the person’s arrest. A WA police officer may arrest the person under the warrant anywhere in WA, SA or the NT.
This Act’s bill:Explanatory memorandumSecond reading speech
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