Western Australian Current Acts

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 15

15 .         Warrants, applying for

        (1)         In this section —

        judicial officer means a JP or a magistrate, as the case requires.

        (2)         A reference in this section to making an application includes a reference to giving information in support of the application.

        (3)         This section applies to and in respect of an application to a judicial officer for a warrant if another section of this Act requires the application to be made under this section.

        (4)         The application must be made in person before the judicial officer unless —

            (a)         the warrant is needed urgently; and

            (b)         the applicant reasonably suspects that a judicial officer is not available within a reasonable distance of the applicant,

                in which case —

            (c)         it may be made to a judicial officer by remote communication; and

            (d)         the judicial officer must not grant it unless satisfied about the matters in paragraphs (a) and (b).

        (5)         The application must be made in writing unless —

            (a)         the application is made by remote communication; and

            (b)         it is not practicable to send the judicial officer written material,

                in which case —

            (c)         it may be made orally; and

            (d)         the judicial officer must make a written record of the application and any information given in support of it.

        (6)         The application must be made on oath unless —

            (a)         the application is made by remote communication; and

            (b)         it is not practicable for the judicial officer to administer an oath to the applicant,

                in which case —

            (c)         it may be made in an unsworn form; and

            (d)         if the judicial officer issues a warrant, the applicant must as soon as practicable send the judicial officer an affidavit verifying the application and any information given in support of it.

        (7)         If on an application made by remote communication a judicial officer issues a warrant, the judicial officer must, if practicable, send a copy of the original warrant to the applicant by remote communication, but otherwise —

            (a)         the judicial officer must give the applicant by remote communication any information that must be set out in the warrant; and

            (b)         the applicant must complete a form of a warrant with the information received and give the judicial officer a copy of the form as soon as practicable after doing so; and

            (c)         the judicial officer must attach the copy of the form to the original warrant and any affidavit received from the applicant and make them available for collection by the applicant.

        (8)         The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subsection (7) has the same force and effect as the original warrant.

        [Section 15 inserted: No. 59 of 2006 s. 37.]