South Australian Current Acts

CRIMINAL LAW (HIGH RISK OFFENDERS) ACT 2015 - SECT 15

15—Arrest and detention of person subject to supervision order on warrant

        (1)         If the presiding member or deputy presiding member of the Parole Board suspects on reasonable grounds that a person subject to a supervision order may have breached a condition of the order, the presiding member or deputy presiding member may—

            (a)         summon the person to attend before the Board; or

            (b)         for the purpose of bringing the person before the Board, issue a warrant for the arrest of the person.

        (2)         If a member of the Parole Board (other than the presiding member or deputy presiding member) suspects on reasonable grounds that a person subject to a supervision order may have breached a condition of the order—

            (a)         the member may summon the person to attend before the Board; or

            (b)         for the purpose of bringing the person before the Board, the member may apply to—

                  (i)         the presiding member or deputy presiding member of the Board for the issue of a warrant for the arrest of the person; or

                  (ii)         a magistrate for the issue of a warrant for the arrest of the person.

        (3)         If a police officer suspects on reasonable grounds that a person subject to a supervision order may have breached a condition of the order, the police officer may apply to—

            (a)         the presiding member or deputy presiding member of the Parole Board; or

            (b)         if, after making reasonable efforts to contact the presiding member and deputy presiding member, neither is available—a magistrate,

for the issue of a warrant for the arrest of the person.

        (4)         If a person fails to comply with a summons to attend before the Parole Board issued under this section—

            (a)         the Board may proceed to deal with the matter in the person's absence; or

            (b)         for the purpose of bringing the person before the Board, the presiding member or deputy presiding member may issue a warrant for the arrest of the person.

        (5)         A warrant issued under this section authorises the detention of the person in custody pending appearance before the Parole Board.

        (6)         A magistrate must, on application under this section, issue a warrant for the arrest of a person unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.

        (7)         If a warrant is issued by a magistrate on an application by a police officer under this section—

            (a)         the police officer must, within 2 working days of the warrant being issued, provide the Parole Board with a written report on the matter; and

            (b)         the warrant will expire at the end of the period of 2 working days after the day on which the report is provided to the Board; and

            (c)         the presiding member or deputy presiding member of the Board must consider the report within 2 working days after receipt and—

                  (i)         issue a fresh warrant for the continued detention of the person pending appearance before the Board; or

                  (ii)         cancel the warrant, order that the person be released from custody and, if appearance before the Board is required, issue a summons for the person to appear before the Board.

        (8)         If a warrant expires under subsection (7)(b) or a fresh warrant is not issued under subsection (7)(c)(i), the person must be released from custody.

        (9)         The Parole Board may, if it thinks there is good reason to do so, by order, cancel a warrant issued under this section that has not been executed.