POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 389
Court may order immediate arrest of person who fails to appear
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 389
Court may order immediate arrest of person who fails to appear
389 Court may order immediate arrest of person who fails to appear
(1)
Subject to section 390, if a person fails to appear before a court as
required by a notice to appear served on the person, the court may—
(a) hear
and decide the complaint in the absence of the person; or
(b) order that a
warrant issue for the arrest of the person to be brought before the court to
be dealt with according to law.
(2) A document purporting to be a copy of the
notice to appear signed by the police officer who served it, and stating the
following is evidence of what it states—
(a) if the notice to appear was
served personally—
(i) the date it is served; and
(ii) when and where it
was served;
(b) if the notice to appear is served by registered post under
section 382(4) —
(i) the notice to appear was posted to the address stated
in the notice by registered post; and
(ii) when and where the notice to
appear was posted; and
(iii) the registered post identification number for
the envelope containing the notice to appear.
(3) Any justice may issue the
warrant.
(4) If the person appears voluntarily before a court after the
warrant is issued, any justice may revoke the warrant.
(5) Subsection (1) (b)
does not prevent a court postponing the enforcement of a warrant for the
arrest of a person to allow the person a further opportunity to appear before
the court.
(6) An adult who is arrested under a warrant issued under
subsection (1) (b) is taken, for section 394, to have been arrested for the
offence stated in the notice to appear.
(7) The bail and custody provisions
of the Youth Justice Act 1992, part 5 apply to a child arrested on a warrant
issued under subsection (1) (b) .
