Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 37

    (1)     If the suspect is not in custody, the Magistrates Court may, on the application of a police officer, issue—

        (a)     a summons for the appearance of the suspect at the hearing of the application; or

        (b)     a warrant for the arrest of the suspect to bring the suspect before the court for the hearing of the application.

    (2)     An application for a summons or warrant under subsection (1) must be—

        (a)     made in writing; and

        (b)     supported by evidence on oath or by affidavit dealing with the matters mentioned in—

              (i)     for a summons—subsection (3) (a) and (b); and

              (ii)     for a warrant—subsection (4) (a) (b) and (c).

    (3)     The Magistrates Court may issue a summons only if satisfied that the issue of the summons—

        (a)     is necessary to ensure the appearance of the suspect at the hearing of the application; or

        (b)     is otherwise justified.

    (4)     The Magistrates Court may issue a warrant only if satisfied—

        (a)     that the arrest is necessary to ensure the appearance of the suspect at the hearing of the application; or

        (b)     that the suspect might destroy evidence that might be obtained by carrying out the forensic procedure; or

        (c)     that the issue of the warrant is otherwise justified.