Warrants for arrest in criminal proceedings in the Local Court
[54-000] Warrants for arrest — Table
Arrest warrants may be issued in the following circumstances under various Acts.
A magistrate may revoke a warrant issued by any other magistrate, but not a warrant issued by a judge: s 240 Criminal Procedure Act 1986.
It is advisable that warrants not be issued for defendants in matters punishable by a fine only.
|A Before conviction|
|Arrest warrant – for arrest before a matter comes to court||Usually when police cannot locate the suspect. Not issued by the court but by a registrar or other authorised officer||Criminal Procedure Act 1986
|At or during committal – fail to appear||Magistrate may issue a warrant for arrest||s 54(3A) Criminal Procedure Act|
|Before conviction in summary proceedings – fail to appear at court||Magistrate may issue a warrant for arrest||s 181(3A) Criminal Procedure Act|
|In AVO proceedings, to bring a defendant before the court||Take into consideration the personal safety of the protected person. Magistrate or registrar of a court may issue the order||s 88 Crimes (Domestic and Personal Violence) Act 2007|
|To bring an adult to court where they are in custody but not bail refused||Magistrate or registrar of a court may issue the order – concerns persons who are “inmates” as defined||s 77 Crimes (Administration of Sentences) Act 1999|
|To bring a juvenile to court where they are not bail refused||Magistrate or registrar of a court may issue the order||s 42 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||Magistrate may issue an arrest warrant to bring the person to court for sentence||s 25(2) Crimes (Sentencing Procedure) Act 1999|
|After committal||Warrant committing an accused to a correctional centre after committal for trial or sentence||s 109 Criminal Procedure Act|
|Failure to appear after suspected failure to comply with intervention program||Where the court is satisfied the person’s whereabouts are unknown, or if he or she fails to attend||s 100R(2), (2A) Crimes (Sentencing Procedure) Act|
|C After sentence|
|To correct a sentence||Where the person does not appear or if the court is of the opinion that they will not appear||s 43(3)(a) and (b) Crimes (Sentencing Procedure) Act|
|Alleged breach of bond/suspended sentence – juvenile||Where the court is satisfied the person’s whereabouts are unknown, or if he or she fails to attend||s 41(1)(d) Children (Criminal Proceedings) Act 1987|
|Alleged breach of CCO||Where the court is satisfied the person’s whereabouts are unknown, or if he or she fails to attend.||s 107C(2), (3) Crimes (Administration of Sentences) Act|
|Alleged breach of CRO||Where the court is satisfied the person’s whereabouts are unknown, or if he or she fails to attend.||s 108C(2), (3) Crimes (Administration of Sentences) Act|
|Alleged breach of CSO – juveniles||Where a person fails to attend||s 23 Children (Community Services Orders) Act 1987|
|Where a witness fails to appear in response to a subpoena||Discretionary. Must be an application to the court, and applicant must establish “no just or reasonable excuse” for failure to comply: see Peters v Asplund  NSWSC 1061. The party applying for a warrant must have complied with the requirements for subpoenas in Ch 4, Pt 3||s 229 Criminal Procedure Act|
|In application proceedings under Local Court Act 2007, Pt 4 – where a respondent fails to appear||Discretionary. Where magistrate satisfied that respondent had notice of the date, time and place of the proceedings||s 65 Local Court Act 2007|
|Where a forensic/correctional patient:
||Where the court is satisfied a credible person has shown reasonable cause to suspect the criterion identified in column 1.||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).