New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 29

29 Securing the presence of suspect at hearing--suspect not under arrest

(1) If the suspect is not under arrest, the Magistrate may, on the application of a police officer--

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

(b) issue a warrant for the arrest of the suspect for the purpose of bringing the suspect before the Magistrate for the hearing of the application.

(2) An application for a summons under subsection (1) must be--

(a) made by information on oath, and

(b) accompanied by an affidavit dealing with the matters referred to in subsection (3).

(3) The Magistrate may issue a summons only if satisfied--

(a) that the issue of the summons is necessary to ensure the appearance of the suspect at the hearing of the application, or

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

(4) An application for a warrant under subsection (1) must be--

(a) made by information on oath, and

(b) accompanied by an affidavit dealing with the matters referred to in subsection (5).

(5) The Magistrate 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, and that the issue of a summons would not ensure that appearance, 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.