JUSTICES ACT 1902 - SECT 66 On non-appearance or absconding, warrants may be issued

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 66

66 On non-appearance or absconding, warrants may be issued

(1) Whenever any person for whose appearance a summons has been issued does not appear at the time and place appointed thereby,

(a) in the case of offences punishable on summary conviction under the Crimes Act 1900 , any two Justices,

(b) in all other cases, any Justice,

may, upon proof of the due service of the summons upon such person at a reasonable time before the time appointed for his or her appearance and

(i) where such person is the defendant:

upon the matter of the information or complaint being substantiated upon oath,

issue his or her warrant for the apprehension of such person.

(1A) 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, a 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.

(2) The Justice or Justices before whom a person is brought after having been apprehended under a warrant referred to in subsection (1) or (1A):

(a) subject to the Bail Act 1978 , must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and

(b) must order the person to be brought before the Justice or Justices at such time and place as is specified in the order, and

(c) must give due notice to the informant or complainant of the time and place so specified.

(3) A warrant under this section may be issued by any Justice.