BAIL ACT 1980 - SECT 28
Warrant for apprehension of defendant by Supreme or District Court
BAIL ACT 1980 - SECT 28
Warrant for apprehension of defendant by Supreme or District Court
28 Warrant for apprehension of defendant by Supreme or District Court
(1) Where a defendant who has entered into an undertaking conditioned that the
defendant will appear before the Supreme Court or the District Court breaks a
condition of the defendant’s undertaking, or if the court is satisfied that
the defendant is likely to break any such condition, the court before which
the defendant is required to appear, on application made by the director of
public prosecutions or, as the case may be, deputy director of public
prosecutions or a person duly authorised by the director or deputy director in
writing in that behalf, either generally or in a particular case—
(a) after
notice of the intention to make the application has been given to the
defendant; or
(b) without giving notice pursuant to paragraph (a) if the
defendant cannot be found, has absconded or is likely to abscond;
may issue a
warrant for the apprehension of the defendant.
(2) Where a defendant for
whose apprehension a warrant has been issued under subsection (1) for failing
to surrender into custody in accordance with the defendant’s undertaking—
(a) surrenders into the custody of the court that issued the warrant as soon
as is practicable after the time for the time being appointed for the
defendant to do so; and
(b) satisfies the court that the failure to surrender
into custody was due to reasonable cause;
the court may withdraw and cancel
the warrant.
(2A) Where a defendant for whose apprehension a warrant has been
issued under subsection (1) on the ground that the defendant has broken a
condition of the defendant’s undertaking (other than the condition that the
defendant surrender into custody) prior to the execution of the warrant
satisfies the court that issued the warrant that breaking of the condition was
due to reasonable cause the court may withdraw and cancel the warrant.
(2B)
Where a defendant for whose apprehension a warrant has been issued under
subsection (1) on the ground that the defendant is likely to break a condition
of the defendant’s undertaking (including the condition that the defendant
surrender into custody) prior to the execution of the warrant satisfies the
court that issued the warrant that the defendant is not likely to break that
condition the court may withdraw and cancel the warrant.
(3) A warrant issued
under this section—
(a) shall name or otherwise describe the defendant
against whom it is issued; and
(b) shall set out the reasons for the issue
thereof; and
(c) shall order the police officers to whom it is directed to
apprehend the defendant against whom it is issued and cause the defendant to
be brought before a Magistrates Court or, as the case may be, Childrens Court
to be dealt with according to law.
