Administration of Justice (Indictable Proceedings) ACT 2011 Warrant for apprehension of accused 8. (1) Notwithstanding section 6(1)(b), a Master may, if he is of opinion that a case for so doing is made out, issue a warrant for the apprehension of the accused where the complaint is without oath. (2) A warrant under this section or section 6 may be issued and executed at any time, and on any day. (3) Where it appears, on oath taken before a Master by the complainant, that a summons cannot be served, the Master may issue a warrant for the apprehension of the accused at any time before or after the time mentioned in the summons for the appearance of the accused. (4) Where the service of a summons is proved and the accused does not appear, a Master may issue a warrant for the apprehension of the accused. (5) Where a summons was issued on the basis of a complaint without oath, a Master may, if he thinks fit, at any time before or after the time mentioned in the summons for the appearance of the accused, issue a warrant for the apprehension of the accused. (6) Where an accused is apprehended upon a warrant, he shall, without delay and as soon as practicable after he is apprehended, be brought before a Master or, where this is not possible, a Magistrate. (7) Where an accused apprehended in accordance with subsection (6) is brought before a Magistrate, the Magistrate shall— (a) remand the accused in custody or, where applicable, fix bail; and (b) transmit the record of the proceedings and all relevant evidence to a Master. (8) Where there is a delay in bringing an accused before a Master or Magistrate, the police shall provide reasons for the delay.
Posted on: Wed, 31 Jul 2013 00:49:08 +0000
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