CRIMINAL PROCEDURE ACT 2009 - SECT 411 Issue of warrant to arrest
CRIMINAL PROCEDURE ACT 2009 - SECT 411
Issue of warrant to arrest(1) A warrant to arrest authorised to be issued under this Act is to be issued in accordance with Division 3 of Part 4 of the Magistrates' Court Act 1989 and that Division applies to such a warrant with any necessary modifications.
(2) Despite anything to the contrary in the Magistrates' Court Act 1989 , if a warrant to arrest is issued under this Act by a court other than the Magistrates' Court, a person arrested on the warrant must, if practicable, be brought before the court which issued the warrant.
Note to s. 411(2) amended by Nos 81/2011 s. 22(2), 38/2016 s. 9(5).
Note
Division 3 of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 authorises or requires the appearance of an accused before the court by audio visual link in certain circumstances.
(3) If it is not practicable to bring an arrested person before the court which issued the warrant within a reasonable period of time after arrest, the person must be brought before a bail justice or the Magistrates' Court.
S. 359(4) amended by No. 68/2009 s. 41, renumbered as s. 411(4) by No. 68/2009 s. 52(y).
(4) If an arrested person is brought before a bail justice or the Magistrates' Court in accordance with subsection (3), the bail justice or the Magistrates' Court must remand the arrested person in custody or grant the arrested person bail to attend before the court which issued the warrant.
S. 360 renumbered as s. 412 by No. 68/2009 s. 52(z).