Warrants for arrest in criminal proceedings in the Local Court
[54-000] Warrants for arrest — Table
Arrest warrants (or attendance orders/warrants of apprehension where indicated) may be issued in the following circumstances under various Acts.
A Local Court judge may revoke a warrant issued by another Local Court judge in certain circumstances (s 240(1), (2) Criminal Procedure Act 1986), but not a warrant issued by a Supreme Court or District Court judge: s 240(2). An authorised officer may also revoke a warrant issued by another authorised officer in certain circumstances: s 240(1), (2).
- Note:
-
it is advisable warrants not be issued for defendants in matters punishable by a fine only.
| Name | Description | Power |
|---|---|---|
| A Before conviction | ||
| For arrest before a matter comes to court | Warrant for arrest issued by a registrar or other authorised officer, usually when police cannot locate suspect | Criminal Procedure Act 1986
|
| At or during committal — defendant is absent | Judge may issue warrant for arrest if substantial reasons and in interests of justice | s 54(3A) Criminal Procedure Act |
| Before conviction in summary proceedings — defendant is absent | Judge may issue warrant for arrest if substantial reasons and in interests of justice | s 181(3A) Criminal Procedure Act |
| In AVO proceedings, to bring a defendant before the court | Authorised officer may issue warrant for arrest if personal safety of protected person will be put at risk unless defendant arrested | s 88 Crimes (Domestic and Personal Violence) Act 2007 |
To bring an adult to court where they are in custody but not bail refused
|
Appropriate authority (which includes a judge or registrar) may issue the order — concerns person who is an “inmate” as defined in s 3 | s 77 Crimes (Administration of Sentences) Act 1999 |
To bring a juvenile to court where they are in detention but not bail refused
|
Appropriate authority (which includes a judge or registrar) may issue the order | s 105(1) Children (Detention Centres) Act 1987 |
| B After finding of guilt, conviction or committal | ||
| After finding of guilt or conviction in matters being dealt with summarily — offender is absent | Judge or authorised officer may issue warrant for arrest to bring the person to court for sentence | s 25(2) Crimes (Sentencing Procedure) Act 1999 |
| After committal | Judge or authorised officer may issue warrant for arrest to commit accused person to correctional centre after committal for trial or sentence | s 109 Criminal Procedure Act |
| Failure to appear after suspected failure to comply with intervention program | Judge may issue warrant for arrest if person fails to appear, or their location is unknown | s 100R(2), (2A) Crimes (Sentencing Procedure) Act |
| C After sentence | ||
| To correct a sentence | Court may issue warrant for arrest where person does not appear, or they will not appear if called upon | s 43(3)(a) and (b) Crimes (Sentencing Procedure) Act |
| Alleged breach of bond/suspended sentence — juvenile | Court may issue warrant for arrest where person does not appear. Authorised justice may issue warrant if person unlikely to appear | s 41(1)(d), (1B) Children (Criminal Proceedings) Act 1987 |
| Alleged breach of community correction order | Court may issue warrant for arrest where offender does not appear, or their location is unknown | s 107C(2), (3) Crimes (Administration of Sentences) Act |
| Alleged breach of conditional release order | Court may issue warrant for arrest where offender does not appear, or their location is unknown | s 108C(2), (3) Crimes (Administration of Sentences) Act |
| Alleged breach of community service order — juvenile | Court may issue warrant for arrest where person does not appear | s 23(1)(b) Children (Community Services Orders) Act 1987 |
| Other circumstances | ||
| Where a witness fails to appear in response to a subpoena | If a party who requested, or issued, a subpoena, applies for a warrant for arrest of the person named in the subpoena, the Court may issue the warrant if the person has not complied, and the requirements for subpoenas in Criminal Procedure Act, Ch 4, Pt 3 have been complied with. The applicant must establish “no just or reasonable excuse” for failure: see Peters v Asplund [2008] NSWSC 1061. See also R Hudson, “Management of witnesses”, Local Court of NSW Metropolitan Series I, 11–15 February 2019; D Sweeney, “Evidentiary issues arising in Local Court hearings”, Local Court of NSW Annual Conference, 2–4 August 2023 (available to judicial officers only). | s 229 Criminal Procedure Act |
| In application proceedings under Local Court Act 2007, Pt 4 | Court may issue warrant for arrest of respondent where they fail to appear and they had notice of date, time and place of proceedings | s 65(1) Local Court Act 2007 |
Where forensic/correctional patient not permitted to be absent from mental health facility
|
Judge or authorised officer may issue warrant of apprehension if a credible person, on oath, has shown reasonable cause to
suspect a forensic patient or correctional patient:
|
s 114 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 |
Warrants issued before 24 September 2018 under s 98 Crimes (Sentencing Procedure) Act 1999 (as in force before 24 September 2018) in respect of s 9 bonds and s 10 bonds continue to have effect: Sch 2, Pt 29, cll 74(6), 75(6).