CRIMES ACT 1900 - SECT 219 Warrants for arrest

CRIMES ACT 1900 - SECT 219

    (1)     An issuing officer shall not issue a warrant for the arrest of a person for an offence as a result of an information laid before the officer unless—

        (a)     the information is on oath; and

        (b)     subject to subsection (3), the informant has given the issuing officer an affidavit setting out the reasons why the warrant is sought, including the following reasons:

              (i)     the reasons why it is believed that the person committed the offence;

              (ii)     the reasons why it is claimed that proceedings by summons would not achieve 1 or more of the purposes set out in section 212 (1) (b);

        (c)     if the issuing officer has requested further information about the reasons for which the issue of the warrant is sought—that information has been provided to the officer; and

        (d)     the issuing officer is satisfied that there are reasonable grounds for the issue of the warrant.

    (2)     If the issuing officer issues a warrant, he or she shall write on the affidavit which of the reasons specified in the affidavit, and any other reasons, the officer has relied on as justifying the issue of the warrant.

    (3)     Subsection (1) (b) does not apply if the issuing officer is informed that the warrant is sought for the purpose of making a request for the extradition of a person from a foreign country.

    (4)     This section does not apply to the issue of a warrant under the Bail Act 1992

, section 49 (2) (Failure to answer bail).