In What Circumstances Can an Arrest Warrant Be Issued in NSW?

January 22, 2024by Naomi Cramer


An arrest warrant empowers legislation enforcement officers to apprehend and take an individual into custody with out the officers having to individually set up the particular person is doing or has carried out one thing that’s in opposition to the legislation.

There are various circumstances during which arrest warrants could also be issued in New South Auckland, every of that are enabled by facilitating laws that units down the principles for when and the way an individual’s liberty can so be taken away.

Right here’s a rundown of the legislation relating to look warrants and the circumstances during which they could be issued in our state.

family: ‘Barlow Semi Condensed’, ‘Arial Slim’, sans-serif; font-size: 1.4rem; font-weight: 500;”>What’s an arrest warrant?

An arrest warrant is a court order which provides the police or different legislation enforcement officers the facility to arrest an individual, earlier than bringing them earlier than a court.

Warrants might be issued for a wide range of causes, the most typical of which is to help within the location and apprehension of an individual who has didn’t attend court, to be able to guarantee they’re then introduced earlier than the court to reply to their prices.

They might even be issued the place an individual has breached the situations of their bail or a neighborhood based mostly sentencing order corresponding to a neighborhood correction order or intensive correction order.

The method of acquiring an arrest warrant

In most circumstances, a legislation enforcement officer will apply to a Justice of the Peace, choose or registrar for the issuance of an arrest warrant.

The applying will must be within the prescribed format and be supported by a doc outlining the premise for the applying.

The judicial decision-maker will then independently resolve whether or not or not an arrest warrant must be issued based mostly on the factors set out in laws.

After an arrest warrant is issued, it might be revoked if the Justice of the Peace, choose or registrar deem it applicable to take action.

When can arrest warrants be issued in NSW?

The circumstances during which an arrest warrant might be issued can typically be separated into 4 classes:

  • Warrants issued previous to conviction.
  • Warrants issued after discovering of guilt, conviction or committal.
  • Warrants issued after sentencing.
  • Different circumstances the place an arrest warrant could also be issued.

For every kind of arrest warrant issued, there might be corresponding sections of laws giving the Justice of the Peace, choose or registrar the facility to subject that kind of order.

Arrest warrants issued previous to conviction

An arrest warrant could also be issued previous to somebody being convicted of a crime to be able to make sure that a defendant attend court to have their matter heard.

Generally, an arrest warrant might be issued if an individual fails to seem in court in a felony matter that requires their attendance (most severe felony prices require attendance).

The next desk outlines the sorts of arrest warrants which can be generally issued previous to a conviction.

Timing of warrant Circumstances during which warrant might be issued Energy
For arrest earlier than a matter involves court Normally when police can’t find the suspect. Not issued by the court however by a registrar or different authorised officer. Criminal Process Act 1986

  • s 54: indictable prices
  • s 181: abstract prices
At or throughout committal Justice of the Peace could subject a warrant for arrest if an individual fails to seem. s 54(3A) Criminal Process Act
Earlier than conviction in abstract proceedings Justice of the Peace could subject a warrant for arrest if an individual fails to seem. s 181(3A) Criminal Process Act
In Apprehended violence Order proceedings Bearing in mind the non-public security of the protected particular person, Justice of the Peace or registrar of a court could subject an order to carry a defendant earlier than the court. s 88 crimes (Home and Private Violence) Act 2007
To carry an grownup to court the place they’re in custody however not bail refused Justice of the Peace or registrar of a court could subject the order if essential to make sure look in court. s 77 Crimes (Administration of Sentences) Act 1999
To carry a juvenile to court the place they don’t seem to be bail refused Justice of the Peace or registrar of a court could subject the order if essential to make sure look in court. s 42 children (Detention Centres) Act 1987

Arrest warrants issued after discovering of guilt, conviction or committal

An arrest warrant could also be issued after someone has been discovered responsible of a crime or the place there’s a prima facie case to proceed to trial following committal proceedings. 

The next desk outlines the sorts of arrest warrants which can be generally issued after a discovering of guilt, conviction or following committal proceedings.

Timing of warrant Circumstances during which warrant might be issued Energy
After discovering of guilt or conviction in issues being handled summarily Justice of the Peace could subject an arrest warrant to carry the particular person to court for sentence in the event that they fail to seem. s 25(2) Crimes (Sentencing Process) Act 1999
After committal Warrant could also be issued committing an accused to a correctional centre after committal for trial or sentence s 109 Criminal Process Act
After suspected failure to adjust to intervention program The place the court is glad the particular person’s whereabouts are unknown, or if she or he fails to attend. s 100R(2), (2A) Crimes (Sentencing Process) Act

Arrest warrants issued after sentencing

An arrest warrant could also be issued after being sentenced.

The next desk outlines the sorts of arrest warrants which can be generally issued after sentence, together with following the breach of sure sentencing situations.

Timing of warrant Circumstances during which warrant might be issued Energy
When required to right a sentence The place the particular person doesn’t seem or if the court is of the opinion that they won’t seem s 43(3)(a) and (b) Crimes (Sentencing Process) Act
The place there may be an alleged breach of bond/suspended sentence (juvenile offenders) The place the court is glad the particular person’s whereabouts are unknown, or if she or he fails to attend s 41(1)(d) Kids (Criminal Proceedings) Act 1987
The place there may be an alleged breach of a neighborhood corrections order. The place the court is glad the particular person’s whereabouts are unknown, or if she or he fails to attend. s 107C(2), (3) Crimes (Administration of Sentences) Act
The place there may be an alleged breach of a conditional launch order. The place the court is glad the particular person’s whereabouts are unknown, or if she or he fails to attend. s 108C(2), (3) Crimes (Administration of Sentences) Act
Whether or not there may be an alleged breach of a neighborhood service order (juvenile offenders). The place an individual fails to attend s 23 Kids (Group Companies Orders) Act 1987

Different circumstances the place arrest warrant issued

Lastly, there are a selection of different discrete circumstances the place an individual who has not been charged with a felony offence could also be topic to an arrest warrant.

The next desk outlines these ‘different circumstances’ the place an arrest warrant could also be issued.

Timing of warrant Circumstances during which warrant might be issued Energy
The place a witness fails to seem in response to a subpoena Should be an software to the court, and applicant should set up “no simply or affordable excuse” for failure to conform: (see Peters v Asplund [2008] NSWSC 1061) s 229 Criminal Process Act
In software proceedings below Native Court Act 2007, Pt 4 – the place a respondent fails to seem The place Justice of the Peace glad that respondent had discover of the date, time and place of the proceedings s 65 Native Court Act 2007
The place a forensic/correctional affected person:

  • escaped from a psychological well being facility and is exterior NSW, or
  • is the topic of a terror order below Pt 5, Div 9.
The place the court is glad a reputable particular person has proven affordable trigger to suspect a affected person has both escaped or is topic to a terror order. s 114 Psychological Well being and Cognitive Impairment Forensic Provisions Act 2020

Can I lookup whether or not there’s a warrant out for my arrest?

Sadly, there isn’t any nationwide, and even state or territory-wide, register of excellent arrest warrants in Australia. And a nationwide police test won’t essentially reveal the existence of a warrant.

If you happen to imagine a warrant could have been issued by a sure court or police station, it’s a good suggestion to name or e-mail them to find out whether or not that is the case.

Alternatively, a lawyer could make enquiries in your behalf and – in the midst of doing so –negotiate to guard your pursuits.

When can a police officer make an arrest and not using a warrant?

There are circumstances during which cops in New South Auckland could arrest an individual with out acquiring an arrest warrant.

In that regard, part 99 of the Legislation Enforcement (Powers and Tasks) Act 2002 (‘the LEPRA’) that an arrest might be made and not using a warrant if a police officer suspects on affordable grounds that the particular person is committing or has dedicated an offence and if the police officer is glad that the arrest within reason essential for any one of many following causes:

  • To make sure the looks of the particular person earlier than a court
  • To forestall a continuation of the offence or the fee of one other offence.
  • To forestall interference with proof.
  • To forestall the fabrication of proof.
  • To protect security or welfare of any particular person; not simply witnesses and together with the defendant.
  • To cease the particular person fleeing.
  • To acquire property in possession of the particular person in reference to the offence.
  • Due to the character or seriousness of the offence.

Residents’ arrests

There are additionally restricted circumstances during which a citizen could make an arrest.

In that regard, part 100 of the LEPRA supplies that a person can execute an arrest if they’ve noticed that:

  • Somebody is in the midst of committing an offence;
  • Somebody has simply dedicated any offence; or
  • Somebody has dedicated a severe indictable offence (carrying a jail sentence of 5 years or extra) they usually haven’t but been tried for it.

As soon as an individual has carried out a residents’ arrest, they’re required to take the arrested particular person and any property discovered on them to an ‘authorised officer‘ corresponding to a police officer as quickly as potential.

Going to court over a felony offence?

If you’re you going to court for a felony offence, name Sydney Criminal lawyers anytime on 9261 8881 to rearrange a free first convention throughout which certainly one of our skilled defence lawyers will assess your case, advise you of your choices and one of the best ways ahead, and battle for the optimum end result.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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