...Division 1 - Arrest without warrant...
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...Division 2 - Arrest with warrant...
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Notification of content of warrant
The police officer or other person executing an arrest warrant must inform the arrested person of the content of the warrant and, if required, show him or her the warrant or a copy of it.
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Setting aside search warrant
A court issuing a search warrant may suspend or cancel the warrant if there are good reasons to do so.
Where a search warrant is suspended or cancelled, the court must as soon as is reasonably practicable, inform the person or persons to whom the search warrant is issued of the suspension or cancellation.
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Arrest of person subject to warrant
A person subject to an arrest warrant may be arrested by a person authorised to execute the warrant or by a police officer.
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...Division 3 - General provisions for arrests with or without warrant...
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Assisting person other than police officer to execute warrant
If a warrant is granted to a person who is not a police officer, any other person may help in executing the warrant if the person to whom the warrant is granted is near at hand and engaged in executing it.
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Execution of search warrant
The person granted a search warrant must conduct the search in accordance with the warrant and with this Code.
Entry and search under a search warrant must be conducted during such period of time as may be specified in the warrant.
If the occupier of a place to be entered and searched is present when the person granted the search warrant seeks to execute it, the person granted the warrant must —
identify himself or herself to the occupier and —
if he or she is a police officer, show the occupier documentary evidence that he or she is such a police officer; or
if he or she is not a police officer, show the occupier his or her original identity card or travel document as proof of his or her identity;
show the occupier the warrant; and
if requested, give the occupier a copy of the warrant.
If the occupier is not present when the person granted the search warrant seeks to execute it, but some other person who appears to be in charge of the place is present, then subsection (3) applies to that other person as if that other person were the occupier.
If a search warrant is issued by a court under section 26(3), the person issued the warrant must, after duly executing the warrant, report that fact to the court and submit the list prepared under section 37(1).
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Court may endorse on warrant security to be taken
A court issuing an arrest warrant may direct by endorsement on the warrant that, if the person subject to the arrest warrant executes a bond with sufficient sureties for the person's attendance at the next sitting of the court after the day of arrest and at every subsequent sitting until the court directs otherwise, then the person to whom the warrant is directed must take such security and release the person subject to the arrest warrant from custody.
The endorsement must state —
the number of sureties; and
the amount that the sureties and the person subject to the arrest warrant are respectively bound.
When security is taken under this section, the person to whom the warrant is directed must, when required, send the bond to the court.
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Return of warrant of execution
Where a death sentence has been carried out pursuant to a warrant issued under section 313( i ), the Commissioner of Prisons who carried out the sentence must return the warrant to the court which issued it with an endorsement signed by the Commissioner, certifying that the sentence has been carried out.
1/2014
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