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.
| Name | Description | Power |
|---|---|---|
| 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 |
| Other circumstances | ||
| 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 [2008] 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).