CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 4 - Arrest and related matters  

SECTION 3Y   Power of arrest without warrant of person on bail  

(1)  
A constable may, without warrant, arrest a person who has been released on bail if the constable believes on reasonable grounds that the person has contravened or is about to contravene a condition of a recognisance on which bail was granted to the person in respect of an offence, even though the condition was imposed in a State or Territory other than the one in which the person is.

(2)  
Subject to subsection (3), if a constable arrests a person under subsection (1), the constable must cause the person to be brought before a magistrate as soon as is practicable.

(3)  
If a constable arrests a person under subsection (1) in the State or Territory in which the condition was imposed, the person is to be dealt with according to relevant laws of that State or Territory applied by section 68 of the Judiciary Act 1903 .

(4)  
When a person arrested under subsection (1) in a State or Territory other than the one in which the condition was imposed is brought before a magistrate in the State or Territory in which the arrest took place, the court may:


(a) release the person unconditionally; or


(b) admit the person to bail on such recognisances as the court thinks fit to appear again before the same court at such time as the court orders; or


(c) if the condition was not imposed by the Federal Court of Australia - remand the person in custody for a reasonable time pending the obtaining of a warrant for the apprehension of the person from the State or Territory in which the condition was imposed; or


(d) if the condition was imposed by the Federal Court of Australia - remand the person in custody for a reasonable time pending the obtaining of a warrant for the apprehension of the person from that Court.

(5)  
A release referred to in paragraph (4)(a) does not affect the operation of the bail order or the conditions of the bail imposed in the other State or Territory.


 

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