New South Wales Repealed Regulations

This legislation has been repealed.

CRIMES (DETENTION AFTER ARREST) REGULATION 1998 - SCHEDULE 2

SCHEDULE 2 – Forms

Form 1 - Application for detention warrant

(Clause 30 (1))

Application for detention warrant

( Crimes Act 1900 , Part 10A)

On, 19I,

I swear/solemnly, sincerely and truly declare and affirm* that:

1. The detained person was arrested (within the meaning of Part 10A of the Crimes Act 1900 ) atam/pm on
The nature of the offence/offences under investigation is as follows:

(specify nature of offence or offences)

2. Details of the times that under section 356F of the Act are not to be taken into account in determining how much of the investigation period has elapsed are as follows:

(specify the nature and duration of the times and the reasons why they are not to be taken into account)

3. The general nature of the evidence on which the detained person was arrested is as follows:

(specify nature of the evidence)

4. The following investigation has taken place to date:

(specify details)

5. Further investigation of the offence/those offences* is proposed as follows:

(specify details)

6. The reasons I believe that the continued detention of the detained person is reasonably necessary to complete the investigation are as follows:

(specify reasons)

7. The detained person has co-operated in the investigation to date as follows:

(specify details)

8. The detained person has/has not* been informed of his or her right to make representations to the authorised justice.

9. The detained person has/has not* requested to make representations to the authorised justice.

10. The detained person has/does not have* legal representation.

11. (To be completed if a previous application for the warrant has been made and refused.) +
The following are details of the refusal of the previous application:

(specify details)

The additional information that I consider justifies the making of this further application is:

(specify details)

12. The detained person is a vulnerable person as he/she* is a child/Aboriginal person/Torres Strait Islander/is of non-English speaking background/has impaired intellectual/physical functioning*.

13. (To be completed if a support person is present for the detained person.)

(name of support person)

of

(address)

agedyears is present as a support person for the detained person and is

(indicate relationship to the detained person)

14. The following precautions have been taken in respect of the detained person because of his/her vulnerability:

(specify precautions)

Sworn/declared and affirmed* before me on19atin the State of New South Wales

(Applicant's signature)

Note: * Delete whichever is inapplicable
+ Attach copy of previous application to this form
# This may be sworn before the authorised justice to whom the application is made

Application for detention warrant

FOR OFFICE USE ONLY

Note: In the case of an application by telephone (but not by facsimile), this form of application should be completed by the authorised justice for record purposes as if it were made in person by the applicant but not on oath.)

Application for detention warrant

Authorised justice's record of application for a detention warrant

On19atam/pm*, I, the undersigned authorised justice, received this application for a detention warrant.

1. The application was made in person/by facsimile transmission/telephone* and I was/was not* satisfied that the warrant was required urgently and it was/was not* practicable for the application to be made in person.

2. On considering the application I found/did not find* that the grounds for issuing the warrant specified in section 356G (5) of the Crimes Act 1900 were satisfied.

3. The representations (if any) made to me by or on behalf of the detained person are as follows:

(If warrant is issued -- continue)

4. The relevant particulars of the grounds on which I relied to justify the issue of the warrant are as follows:

(specify particulars)

5. The maximum investigation period for the detained person is extended byhours andminutes (excluding times that are not to be taken into account under section 356F of the Crimes Act 1900 ) fromam/pm* on19

6. The detention warrant was issued atam/pm* on19

(Authorised justice)

* Delete whichever is inapplicable

Form 2 - Detention warrant

(Clause 30 (2))

Detention warrant

( Crimes Act 1900 , Part 10A)

On19,,

Date19

Note: Where the application is made in person or by facsimile transmission, the authorised justice should sign and date the warrant and initial any corrections. In the case of a telephone warrant in circumstances where facsimile facilities are not available, the authorised justice should use this form as a copy of the terms of the warrant and the applicant should complete the warrant in the terms dictated by the authorised justice and then sign and date the warrant.)