MAGISTRATES' COURT ACT 1989 - SECT 57 Warrants
MAGISTRATES' COURT ACT 1989 - SECT 57
Warrants(1) The following warrants may be issued—
(a) warrant to arrest;
(b) remand warrant;
(c) search warrant;
(d) warrant to seize property;
(e) warrant to imprison;
S. 57(1)(f) amended by No. 48/2006 s. 42(Sch. item 22.4).
(f) warrant to detain in a youth justice centre;
S. 57(1)(g) inserted by No. 33/1994 s. 9(1), substituted by No. 32/2006 s. 88(2), amended by No. 47/2014 s. 271.
(g) enforcement warrant.
S. 57(1AA) inserted by No. 33/2018 s. 50(1).
(1AA) A warrant may be issued in paper form or electronically in accordance with this Division.
S. 57(1A) inserted by No. 3/2016 s. 4(1), substituted by No. 33/2018 s. 50(2).
(1A) A warrant may be issued electronically by the person issuing the warrant causing the warrant, or the prescribed particulars of the warrant, to be transmitted electronically to the person to whom the warrant is issued in accordance with the regulations, if any.
S. 57(1B) inserted by No. 3/2016 s. 4(1).
(1B) A warrant issued in accordance with subsection (1A)—
(a) directs and authorises the person to whom it is issued to do all things that the person would have been directed or authorised to do if a warrant containing the particulars referred to in subsection (1A) had been issued in paper form under subsection (1) by the person issuing the warrant; and
(b) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this Act or any other Act.
(2) The person issuing a warrant must cause the prescribed particulars of the warrant to be entered in the register.
(3) A warrant must name or otherwise describe the person or property against whom or which it is issued.
S. 57(4) amended by No. 33/2018 s. 50(3).
(4) All warrants, other than a search warrant, may be issued by a registrar, a judicial registrar or a magistrate.
(5) A search warrant may only be issued by a magistrate.
(6) Remand warrants may be issued by a bail justice.
(7) A judge of the Supreme Court or judge of the County Court may exercise any power conferred on a magistrate by or under this Act with respect to the issue, recall or cancellation of a warrant or duplicate copy of a warrant.
S. 57(7A) inserted by No. 68/2009 s. 97(Sch. item 82.28), amended by Nos 30/2010 s. 86(1), 48/2012 s. 39(1), 3/2016 s. 37, 1/2022 s. 19.
(7A) The registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires, may issue a warrant to imprison in the circumstances set out in sections 263(4), 266(3A) and 267(1A) of the Criminal Procedure Act 2009 .
S. 57(7B) inserted by No. 68/2009 s. 97(Sch. item 82.28), amended by Nos 30/2010 s. 86(2), 48/2012 s. 39(2), 1/2022 s. 19.
(7B) The registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires, may issue a warrant to detain in a youth justice centre or a youth residential centre in the circumstances set out in sections 430(4), 430C(5) and 430D(1A) of the Children, Youth and Families Act 2005 .
S. 57(8) amended by No. 3/2016 s. 4(2).
(8) A warrant must be executed by the use of a copy of the warrant, known as the execution copy, or by the use of a copy of the execution copy, including a copy transmitted by facsimile machine or other means of electronic communication.
S. 57(9) amended by No. 3/2016 s. 4(3).
(9) The execution copy of a warrant must be in writing and, subject to subsection (1A), must be signed or otherwise authenticated by the person issuing it.
S. 57(10) repealed by No. 38/2017 s. 71.
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S. 57A inserted by No. 69/2009 s. 54(Sch. Pt 1 item 34.4).