Published by Geoff Harrison | 14 January 2025
Other Sources:
Extracted Legislation:
CRIMINAL PROCEDURE ACT 1986 - SECT 54
Attendance of accused person at proceedings
(1) A person who issues a court attendance notice may, at any time after the notice is issued and before the date on which the accused person is required to first attend before a Magistrate for the hearing of committal proceedings, apply for a warrant to arrest the accused person.
(2) An authorised officer may, when a court attendance notice is issued by the registrar, or filed in the court, or at any time after then and before the matter is first before a Magistrate, issue a warrant to arrest the accused person if the authorised officer is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.
(3) The rules may make provision for or with respect to matters that may be taken into account by an authorised officer in determining whether to issue a warrant under this section.
(3A) If an accused person is not present at the day, time and place set down for the hearing of committal proceedings (including any day to which proceedings are adjourned), or absconds from the committal proceedings, the Magistrate may issue a warrant to arrest the accused person if the Magistrate is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.
(4) A Magistrate or authorised officer before whom an accused person is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, issue a warrant--
(a) committing the accused person to a correctional centre or other place of security, and
(b) ordering the accused person to be brought before a Magistrate at the date, time and place specified in the order.
(5) The Magistrate or authorised officer must give notice of the date, time and place to the prosecutor.
CRIMINAL PROCEDURE ACT 1986 - SECT 181
Attendance of accused person at proceedings
(1) A person who issues a court attendance notice may, at any time after the notice is issued and before the date on which the accused person is required to first attend at the court for the hearing of proceedings, apply for a warrant to arrest the accused person.
(2) An authorised officer may, when a court attendance notice is issued by the registrar, or filed in the court, or at any time after then and before the matter is first before a court, issue a warrant to arrest the accused person if the authorised officer is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.
(3) The rules may make provision for or with respect to matters that may be taken into account by an authorised officer in determining whether to issue a warrant under this section.
(3A) If an accused person is not present at the day, time and place set down for the hearing of proceedings (including any day to which proceedings are adjourned), or absconds from the proceedings, the Magistrate may issue a warrant to arrest the accused person if the Magistrate is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.
(4) A Magistrate or an authorised officer before whom an accused person is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, order the issue of a warrant--
(a) committing the accused person to a correctional centre or other place of security, and
(b) ordering the accused person to be brought before a court at the date, time and place specified in the order.
(5) The Magistrate or authorised officer must give notice of the date, time and place set to the prosecutor. Part 4 of this Chapter sets out procedures for arrest warrants and warrants of commitment generally.
CRIMINAL PROCEDURE ACT 1986 - SECT 237
Duration of arrest warrants
(1) A warrant to arrest an accused person need not be returnable at any particular time. If it is not, the warrant continues in force until it expires.
(1A) A warrant to arrest an accused person in respect of an offence specified in the Table below expires at the end of the period specified in the Table in relation to the offence.
Offence Period
Indictable offences (punishable by imprisonment for life or 25 years or more) 50 years
Indictable offences (punishable by imprisonment for less than 25 years and not less than 5 years) 30 years
Indictable offences not punishable by imprisonment for 5 years or more (where the accused person is not a child) 15 years
Summary offences (where the accused person is not a child) 10 years
Indictable offences not punishable by imprisonment for 5 years or more (where the accused person is a child) 10 years
Summary offences (where the accused person is a child) 5 years
(1B) A warrant issued for the arrest of a convicted person to bring that person before a court for sentencing expires at the end of 30 years after it is issued.
(1C) Nothing in subsection (1A) or (1B) prevents a new warrant for arrest from being issued in respect of the same offence or offences as a previous arrest warrant.
(2) A warrant to arrest a witness must be returnable at a stated date, time and place.
(3) The warrant to arrest a witness may be returned and cancelled, and a further warrant may be obtained, if the witness is not arrested before the warrant must be returned.
CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 88
Warrant for arrest of defendant in final apprehended violence order matters
(1) If an application for a final apprehended violence order is made, an authorised officer may issue a warrant for the arrest of the defendant.
(2) The authorised officer may issue a warrant for the arrest of the defendant even though the defendant is not alleged to have committed an offence.
(3) The authorised officer must issue a warrant for the arrest of the defendant if it appears to the authorised officer that the personal safety of the person for whose protection the order is sought will be put at risk unless the defendant is arrested for the purpose of being brought before the court.
(4) A warrant may not be executed more than 12 months after the date on which it is issued, unless the court otherwise orders before the end of the 12-month period.
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 77
Attendance of inmates before courts and court officers
(1) If an appropriate authority is satisfied that--
(a) it is necessary that an inmate should attend before it for the purposes of any legal proceeding, inquest or inquiry, and
(b) the absence of the inmate may prejudice the rights of a party,
the authority may make an order directing the Commissioner to cause the inmate to be produced at the court or other place at which the proceeding, inquest or inquiry is being, or is to be, held.
(2) Such an order is sufficient authority for the governor of the correctional centre in which the inmate is held to cause the inmate to be produced in accordance with the order.
(3) An inmate produced in accordance with such an order is taken to be in lawful custody while in the actual custody of the governor, a correctional officer, a sheriff's officer or a police officer.
(4) It is the duty of the person having actual custody of the inmate to return the inmate to the correctional centre from which the inmate was produced as soon as the appropriate authority permits.
(5) In this section--
"appropriate authority" means--
(a) a court, or
(b) a coroner, or
(c) the Independent Commission Against Corruption, or
(d) a Royal Commission, or
(e) the Civil and Administrative Tribunal, or
(f) the senior administrative officer (such as the clerk or registrar) of a court, or
(g) a person prescribed by the regulations for the purposes of this definition.
"correctional officer" includes--
(a) a person employed on a temporary basis within Corrective Services NSW to perform some or all of the duties of a correctional officer, and
(b) a person holding an authority under section 240 to perform escort duties.
"court" includes the following--
(a) the Children's Court,
(b) the Federal Court of Australia,
(c) the Federal Circuit and Family Court of Australia,
(e) the Dust Diseases Tribunal,
(f) any other court or body prescribed by the regulations for the purposes of this definition.
CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 25
Local Court not to impose certain penalties if offender is absent
(1) The Local Court must not make any of the following orders with respect to an absent offender--
(a) an order imposing a sentence of imprisonment,
(b) an intensive correction order,
(d) a community correction order,
(e) a conditional release order,
(f) a non-association order or place restriction order,
(g) an intervention program order.
(2) At any time after it finds an absent offender guilty of an offence or convicts an absent offender for an offence, the Local Court--
(a) may issue a warrant for the offender's arrest, or
(b) may authorise an authorised officer to issue a warrant for the offender's arrest,
for the purpose of having the offender brought before the Local Court for conviction and sentencing, or for sentencing, as the case requires.
(2A) In deciding whether to issue, or authorise an authorised officer to issue, a warrant for the arrest of an absent offender who has lodged a written plea in accordance with section 182 of the Criminal Procedure Act 1986 for the offence concerned, the Local Court must consider whether it is more appropriate to adjourn proceedings.
(3) This section does not limit the power that any court other than the Local Court may have, apart from this section, to deal with an offender whom it has found guilty or convicted in his or her absence.
(4) In this section--
"absent offender" means an offender who is being dealt with in his or her absence, including a person who does not attend court because the person has lodged a written plea in accordance with section 182 of the Criminal Procedure Act 1986 in respect of the offence concerned.
CRIMINAL PROCEDURE ACT 1986 - SECT 229
Action that may be taken if person does not comply with subpoena
(1) A party who requested, or issued, a subpoena may apply to the court for the issue of a warrant under Part 4 for the arrest of the person named if the person named has not complied with the subpoena.
(2) The court may issue the warrant if satisfied that--
(a) the person named has not complied with the subpoena, and
(b) the requirements of this Part for subpoenas were complied with and no just or reasonable excuse has been offered for the failure to comply.
(3) A Magistrate or an authorised officer before whom a person is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, issue a warrant--
(a) committing the person to a correctional centre or other place of security, and
(b) ordering the person to be brought before a court at the date, time and place specified in the order.
(4) The Magistrate or authorised officer must give notice of the date, time and place set to the party who issued or requested the subpoena.
Note : Division 2 of Part 4 sets out procedures for arrest warrants generally.
LOCAL COURT RULES 2009 - REG 5.3
How personal service effected generally
(1) Personal service of a document on a person is effected by leaving a copy of the document with the person or, if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document.
(2) If, by violence or threat of violence, a person attempting service is prevented from approaching another person for the purpose of delivering a document to the other person, the person attempting service may deliver the document to the other person by leaving it as near as practicable to that other person.
(3) Service in accordance with subrule (2) is taken to constitute personal service.
LOCAL COURT RULES 2009 - REG 5.6
Service of originating documents
Unless otherwise provided by this Part, an originating document is to be served personally.
LOCAL COURT RULES 2009 - REG 5.11
Substituted service of documents
(1) On the application of a party, the Court may, by order, direct that service of a document issued in proceedings be effected otherwise than in a manner specified by this Part.
(2) An application for an order for substituted service may be made--
(a) orally, or
(b) in the approved form.
(3) An application for an order for substituted service may be dealt with by the Court, unless the Court otherwise directs.
LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 101
Power to arrest with warrant
(cf common law)
(1) A police officer acting in accordance with a warrant issued under any Act or law may arrest or deal with the person named in the warrant in accordance with the warrant.
(2) The police officer may take action whether or not the warrant is in his or her possession.
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