Section 23WW — Crimes Act 1914: Securing the presence of suspect at hearing—suspect not in custody

(1) If the suspect is not in custody, the magistrate may, on the application of a constable: (a) issue a summons for the appearance of the suspect at the hearing of the application; or (b) issue a warrant for the arrest of the suspect for the purpose of bringing the suspect before the magistrate for the hearing of the application. (2) An application for a summons under subsection (1) must be: (a) made by information on oath; and (b) accompanied by an affidavit dealing with matters referred to in paragraphs (3)(a) and (b). (3) The magistrate may issue a summons only if satisfied: (a) that the issue of the summons is necessary to ensure the appearance of the suspect at the hearing of the application; or (b) that the issue of the summons is otherwise justified. (4) An application for a warrant under subsection (1) must be: (a) made by information on oath; and (b) accompanied by an affidavit dealing with matters referred to in paragraphs (5)(a), (b) and (c). (5) The magistrate may issue a warrant only if satisfied: (a) that the arrest is necessary to ensure the appearance of the suspect at the hearing of the application, and that the issue of a summons would not ensure that appearance; or (b) that the suspect might destroy evidence that might be obtained by carrying out the forensic procedure; or (c) that the issue of the warrant is otherwise justified.