Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Division 3.4.2 Warrants for witnesses
62 Definitions—div 3.4.2
In this division:
"prescribed period "means 18 hours from the time a person is arrested under a warrant.
"reporting officer" means the police officer mentioned in section 67 (2) (b).
"warrant" means a warrant under this division.
63 Warrant to bring witness to court
(1) The court may issue a warrant for the arrest of a person who is a witness in a hearing if the person—
(a) was informed of the time and place of the hearing; and
(b) was required to attend to give evidence at the hearing in accordance with—
(i) a subpoena served on the person; or
(ii) an order of the court; or
(iii) an undertaking given to the court by the person; and
(c) failed to attend the hearing as required; and
(d) did not provide the court with a reasonable explanation for not attending.
(2) A warrant must not be issued under subsection (1) unless—
(a) the court is satisfied that the party calling the person as a witness in the proceeding has taken reasonably practicable steps to contact the person; and
(b) it is in the interests of justice to issue the warrant.
(3) In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following:
(a) the importance of the evidence the person is expected to give;
(b) whether the evidence could be obtained by other means;
(c) the nature of the matter being heard;
(d) the degree of urgency to resolve the matter;
(e) the likelihood that the issue of a warrant would secure the person's attendance at the hearing;
(f) if the court has been contacted by the person, or the party calling the person as a witness in the proceeding has contacted the person—
(i) the reason (if any) given by the person for not attending as required; and
(ii) the impact of using a warrant for the arrest of the person.
64 First instance warrant
(1) The court may, instead of issuing a subpoena for the attendance of a witness in a hearing, issue a warrant in the first instance for the arrest of the person if it is—
(a) unlikely that the person will attend the hearing to give evidence unless the person is compelled to do so; and
(b) in the interests of justice to do so.
(2) In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following:
(a) the importance of the evidence the person is expected to give;
(b) whether the evidence could be obtained by other means;
(c) the nature of the matter being heard;
(d) the degree of urgency to resolve the matter;
(e) the likelihood that the issue of a warrant would secure the person's attendance at the hearing;
(f) the impact of using a warrant for the arrest of the person.
65 Warrant remains in force until executed
A warrant remains in force until whichever of the following happens first:
(a) the warrant is executed;
(b) the court revokes the warrant.
66 Executing a warrant
(1) A warrant authorises a police officer (an executing officer ) to—
(a) arrest the person named in the warrant; and
(b) bring the person before the court.
(2) If an executing officer believes on reasonable grounds that the person named in the warrant is on any premises, the officer is authorised to enter the premises, using not more than necessary and reasonable force in the circumstances, to execute the warrant.
(3) However, an executing officer is not authorised to enter a dwelling house to execute the warrant before 6 am or after 9 pm on any day, unless the officer believes on reasonable grounds that it would not be practicable to arrest the person at the dwelling house, or another location, at any other time.
(4) An executing officer—
(a) must use not more force than is necessary to arrest the person and remove the person to the place stated in the warrant; and
(b) must, before removing the person, explain to the person the purpose of the warrant; and
(c) must tell the person of his or her right to contact a lawyer, and allow the person to contact a lawyer if the person wishes to do so; and
(d) if a person is under a legal disability—must inform a parent or guardian of the person of the arrest.
(5) In this section:
"dwelling house" includes a conveyance, and a room in a hotel, motel, boarding house or club, where people ordinarily sleep at night.
67 Procedure after arrest
(1) A person who is arrested under a warrant must be brought before the court—
(a) as soon as practicable after the person is arrested; and
(b) within the prescribed period; and
(c) in accordance with this section.
(2) A person must be brought before the court by a police officer—
(a) if the court is sitting at the time the officer is able to bring the person before the court—in person; or
(b) if the court is not sitting at the time the officer is able to bring the person before the court—by telephone call made by the officer to a magistrate to report the execution of the warrant to the court.
(3) A person brought before the court must be dealt with in accordance with section 68.
(4) A person arrested under a warrant—
(a) may be detained by a police officer for not longer than the prescribed period for the officer to comply with subsection (2); and
(b) must be released if the officer cannot comply with that subsection within the prescribed period.
68 Orders following executed warrant
(1) The court may order that the person—
(a) be remanded in custody until the date, time and place specified in the order; or
(b) be released on a recognisance, signed by the person, in which the person agrees to appear before the court on a day and at a time and place specified by the court—
(i) in the recognisance; and
(ii) in any subsequent notice given or sent to the person by the court; or
(c) be released unconditionally.
(2) If the court makes any orders in relation to a person under this section, the person must be given written notice of the orders by—
(a) if the court is sitting when the order is made—the court; or
(b) if the court is not sitting when the order is made—the reporting officer.
(3) Any single period of remand ordered under this section must not be longer than—
(a) 28 days; or
(b) if the person chooses to be remanded for a longer period without review—a longer period that the court considers reasonable.
(4) Division 3.4.4
applies to a recognisance under this section.
Part 12 Prohibited Weapons Act 1996