Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 77B

    (1)     This section applies if—

        (a)     a police officer makes an application under section 77 in relation to a serious offender; and

        (b)     the serious offender is not in custody.

    (2)     The Magistrates Court may, on the application of a police officer—

        (a)     issue a summons for the appearance of the serious offender at the hearing of the application; or

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

    (3)     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 (4) (a) and (b); and

              (ii)     for a warrant—subsection (5) (a), (b) and (c).

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

        (a)     the issue of the summons is necessary to ensure the appearance of the serious offender at the hearing of the application; or

        (b)     the issue of the summons is otherwise justified.

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

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

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

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