Arrest under warrant
53 Arrest under warrant
A police officer of another participating jurisdiction may arrest a person in the State under a warrant if —
under the law of that other jurisdiction, the police officer would have been able to arrest the person in that other jurisdiction under a warrant; and
the person has a connection with a cross‑border region.
A magistrate of another participating jurisdiction —
may issue in the State a warrant for the arrest of a person under the law of that other jurisdiction if the person has a connection with a cross‑border region; and
for that purpose, may exercise in the State any of the powers the magistrate has under the law of that other jurisdiction for the purpose of issuing warrants for the arrest of persons.
The law of the State does not apply in relation to the arrest or the warrant.
Examples for this section:
1. A person is suspected of committing an offence under SA law in the SA portion of the WA/SA/NT region. An SA magistrate anywhere in WA may issue a warrant for the person’s arrest. An SA police officer may arrest the person under the warrant anywhere in WA.
2. A person who ordinarily resides in the WA/NT region is suspected of committing an offence under NT law in Katherine. An NT Local Court Judge anywhere in WA may issue a warrant for the person’s arrest. An NT police officer may arrest the person under the warrant anywhere in WA.
3. A person who ordinarily resides in the WA/SA region is suspected of committing an offence under SA law in Port Augusta. An SA magistrate anywhere in WA may issue a warrant for the person’s arrest. An SA police officer may arrest the person under the warrant anywhere in WA.
[Section 53 amended: No. 14 of 2025 s. 18(3).]
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