New South Wales Consolidated Acts

CORONERS ACT 2009 - SECT 71

71 Arrest of witness under arrest warrant

(cf Coroners Act 1980 , ss 40 and 41(3))

(1) A person arrested under an arrest warrant issued under this Part is to be brought before a coroner or authorised justice as soon as practicable after the person's arrest.

(2) Subject to subsection (3), a person arrested under an arrest warrant may be dealt with in the same way as a witness arrested under a warrant issued under section 231 of the Criminal Procedure Act 1986 .

(3) A coroner or authorised justice before whom a person is brought after having been arrested under an arrest warrant issued under this Part--

(a) must, subject to the Bail Act 2013 , order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and

(b) must order the person to be brought before a coroner at such time and place as is specified in the order.

(4) A coroner or authorised justice may make a bail decision in respect of the person under the Bail Act 2013 .

(5) The Bail Act 2013 applies to the person as if--

(a) the person were accused of an offence, and

(b) the proceedings in which the person is required to be examined or produce a document or thing were proceedings for that offence.

(6) Bail may be granted for the period between--

(a) the person's being brought before a coroner under a warrant for the purpose of being examined as a witness or producing a document or thing, and

(b) the person's being examined as a witness or producing the document or thing.

(7) For the purpose of applying the Bail Act 2013 , a coroner has the same functions as the Local Court under that Act.

(8) In this section--

"authorised justice" has the same meaning as in the Bail Act 2013 .