Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 217

Arrest without warrant for offences committed outside ACT

    (1)     This section applies to an offence against the law of a State or another Territory consisting of an act or omission which, if it occurred in the ACT, would constitute a serious offence.

    (2)     A police officer may, without warrant, at any hour of the day or night, arrest a person whom he or she suspects on reasonable grounds to have committed an offence to which this section applies.

    (3)     If a police officer arrests a person under subsection (2), the officer shall cause the person to be brought before a magistrate as soon as is practicable.

    (4)     If a person is brought before a magistrate under subsection (3), the magistrate may—

        (a)     discharge the person; or

        (b)     commit the person to custody, or admit the person to bail, pending—

              (i)     the execution under a law of the Commonwealth of a warrant for the person's arrest; or

              (ii)     the person's discharge or release under subsection (7).

    (5)     A police officer may exercise any power under this division in relation to a person arrested under this section as if the person had been arrested and was being held in custody in relation to the commission of an offence against a territory law.

    (6)     If a person is committed to custody under this section and a warrant for the person's apprehension is subsequently presented for execution, he or she shall be delivered in accordance with the terms of the warrant to the custody of the person executing it.

    (7)     If—

        (a)     a person is admitted to bail under this section; and

        (b)     before the person has complied with conditions of that bail, a warrant for his or her arrest is executed under a law of the Commonwealth;

the person is to be taken, at the time the warrant is executed, to be released from that bail and to have complied with the bail conditions, other than any condition with which the person had (before that time) failed to comply without reasonable excuse.

    (8)     If—

        (a)     a person has been committed to custody or admitted to bail under this section; and

        (b)     a warrant for the arrest of the person is not executed within 7 days after the person is committed to custody or admitted to bail;

a magistrate may, by order, discharge the person from custody or release the person from bail.

    (9)     In this section:

"warrant" means a warrant issued under a law of the Territory, the Commonwealth, a State or another Territory, and includes a provisional warrant.



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