Criminal Procedure Act 1986 No 209
Historical version for 15 November 2010 to 6 December 2010 (accessed 23 November 2014 at 21:46) Current version
Chapter 4Part 4Division 3

Division 3 Warrants of commitment

241   Power to commit person to correctional centre subject to Bail Act 1978

A power to issue a warrant to commit a person to a correctional centre or other place under this Act is subject to the provisions of the Bail Act 1978.
Note. The Bail Act 1978 sets out the circumstances when bail must or may be granted or may be dispensed with by a Magistrate.

242   Form of warrants of commitment

(1)  A warrant to commit a person must be in the form prescribed by the rules.
(2)  Without limiting subsection (1), the warrant must be directed to a person permitted by the rules to execute the warrant and must do the following things:
(a)  name or describe the person to be committed,
(b)  direct and authorise the person to take and safely convey the named person to the correctional centre or other place,
(c)  direct the person to deliver the named person to the officer in charge of the place,
(d)  direct and authorise the officer in charge of the place to receive the named person in custody and to keep the named person in custody for the period specified, or in the circumstances specified, or until the named person is otherwise lawfully released from custody.
(3)  A warrant to commit a witness to a correctional centre, lock-up or a place of security must not require the witness to be kept in custody for more than 7 days.
(4)  An authorised officer may sign a warrant to commit a person if a Judge or Magistrate has directed in writing that the warrant be issued.

243   Procedure for taking person to correctional centre or other place

(1)  The person to whom a warrant issued under this Division to commit a person to a correctional centre or other place is directed must take the named person to the correctional centre or other place specified in the warrant and deliver the named person to the person in charge of the place.
(2)  The person executing the warrant must obtain a receipt for the delivery of the named person setting out the condition of the named person when delivered into the custody of the person in charge.

244   Defects in warrants of commitment

A warrant to commit an accused person to a correctional centre or other place may not be held void because of any defect in the warrant if the warrant states that:
(a)  the accused person has been convicted or ordered to do or abstain from doing any act or thing required to be done or not done, and
(b)  there is a good and valid conviction or order to sustain the warrant.
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