(1) If a warrant to arrest a person who is anaccused to a charge has been issued, anypolice officer, or anyprotective services officer on duty at adesignated place, may arrest theperson although theexecution copy of the warrant is not at the time in thepolice officer's orprotective servicesofficer's possession.
(1A) If aprotective services officer arrests aperson under subsection (1), theprotective services officer must hand theperson into the custody of apolice officer as soon as practicable after theperson is arrested.
(1B) Aprotective services officer may onlyexercise the power to arrest under this section in relation to a person who isat, or in the vicinity of, adesignated place.
(2) On the arrest of a person under subsection (1)by apolice officer or on the handing of a person arrested by aprotective services officer into the custody of apolice officer undersubsection (1A), thepolice officer must bring the person arrested before abail justice or the Court within a reasonable time of being arrested or handedinto the custody of thepolice officer (as the case may be) and the bailjustice or the Court may—
(a) if a fresh charge-sheet is filedto the effect of the offence or matter alleged in the warrant—
(i) permit theperson to go at large; or
(ii) admit theperson to bail; or
(iii) in thecase of the Court, hear and determine theproceeding for the offence; or
(b) if a fresh charge-sheet is notfiled to the effect of the offence or matter alleged in the warrant—
(i) permit theperson to go at large; or
(ii) admit theperson to bail; or
(iii) remandthe person in custody for a reasonable time pending execution of the warrant.
(3) If a person has been arrested under subsection(1) and has been remanded in custody pending execution of the warrant and thewarrant is not executed within a reasonable time, the Court must discharge theperson from custody.
(4) If a warrant is executed by use of a copyother than theexecutioncopy, the Court must—
(a) if satisfied that the copy is atrue copy of theexecutioncopy—
(i) proceed asif the person had been arrested on theexecution copy; and
(ii) order thattheexecution copy be returned to theprincipal registrar; or
(b) if not so satisfied, dischargethe person from custody.
(5) If a warrant is not executed and a freshcharge-sheet charging the offence alleged in the warrant is filed, the warrantis deemed to be void and of no effect and the Court mustorder its return totheprincipalregistrar.
(6) In determining what constitutes a reasonabletime for the purposes of subsection (2) the matters specified insection 464A(4) of theCrimes Act 1958may be considered.
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