CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 688 Safe custody warrant—application made other than in person

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 688

    (1)     The director-general or a police officer may apply for a warrant by phone, fax, radio or other form of communication if the director-general or police officer considers it necessary because of urgent circumstances.

    (2)     Before applying for the warrant, the director-general or police officer must prepare an application stating the grounds on which the warrant is sought.

    (3)     The director-general or police officer may apply for the warrant before the application is sworn.

    (4)     After issuing the warrant, the magistrate must immediately provide a written copy to the director-general or police officer if it is practicable to do so.

    (5)     If it is not practicable to provide a written copy to the director-general or police officer—

        (a)     the magistrate must tell the director-general or police officer—

              (i)     the terms of the warrant; and

              (ii)     the date and time the warrant was issued; and

        (b)     the director-general or police officer must complete a form of warrant (the "warrant form") and write on it—

              (i)     the magistrate's name; and

              (ii)     the date and time the magistrate issued the warrant; and

              (iii)     the warrant's terms.

    (6)     The written copy of the warrant, or the warrant form properly completed by the director-general or police officer, authorises the entry and the exercise of the director-general or police officer's powers under this part.

    (7)     The director-general or police officer must, at the first reasonable opportunity, send to the magistrate—

        (a)     the sworn application; and

        (b)     if the director-general or police officer completed a warrant form—the completed warrant form.

    (8)     On receiving the documents, the magistrate must attach them to the warrant.

    (9)     A court must find that a power exercised by the director-general or police officer was not authorised by a warrant under this section if—

        (a)     the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and

        (b)     the warrant is not produced in evidence; and

        (c)     it is not proved that the exercise of power was authorised by a warrant under this section.