BAIL ACT 1980 - SECT 28A Other warrants for apprehension of defendant

BAIL ACT 1980 - SECT 28A

28A Other warrants for apprehension of defendant

(1) A court that a defendant is required to appear before may issue a warrant for the defendant’s apprehension if the defendant fails to surrender into custody after being—

(a) released on bail by the Supreme Court or District Court on condition that the defendant will appear before a Magistrates Court; or

(b) released on bail by a Magistrates Court or the Childrens Court, or by any justice or justices conducting a committal proceeding, on the defendant entering into an undertaking; or

(c) released on bail under section 7 (3) (a) ; or

(d) released on bail on the defendant making a deposit of money under section 14A ; or

(e) released on bail that has been continued under section 34A (2) , 34B (2) , 34BA (2) or 34BB (2) ; or

(ea) released, on bail or without bail, under the Youth Justice Act 1992 , part 5 ; or

(f) permitted to go at large without bail.

(2) Where a defendant for whose apprehension a warrant has been issued under subsection (1) —

(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.

(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 court into the custody of which the defendant failed to surrender and the time and place of that failure; 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.

Note—

A defendant may be granted bail before being brought before the court under paragraph (c) if the defendant shows cause under section 16 (3) why the defendant’s detention in custody is not justified.

(4) A court shall not issue a warrant under subsection (1) —

(a) where the defendant was released on bail or permitted to go at large without bail to appear at a time and place to be determined; or

(b) where the hearing was adjourned in the defendant’s absence and the defendant was not represented by a lawyer;

unless it is satisfied that—

(c) the defendant cannot be found, has absconded or is likely to abscond; or

(d) reasonable notice of the time and place so determined or, as the case may be, the time to which the hearing was adjourned has been given to the defendant.