In New South Wales, if an accused person fails to attend court as required, the court may issue a warrant for their arrest under the Criminal Procedure Act 1986 (NSW).

Arrest Warrant

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.

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.

Section 181(3A) provides that a Magistrate may issue a warrant where an accused person fails to appear at a hearing or absconds from proceedings, provided the Magistrate is satisfied that there are substantial reasons and that issuing the warrant is in the interests of justice.

If an accused person is arrested pursuant to a warrant issued under section 181, the Magistrate may order that the person be detained in a correctional facility or other place of security and direct that they be brought before the court at a specified date, time, and place, unless bail is granted or dispensed with.

The Magistrate is required to notify the prosecutor of the scheduled court details, including the date, time and place.

Failing to attend court as required can result in a warrant being issued under the Criminal Procedure Act.

This can lead to tighter bail conditions, refusal of bail, or time in custody while the matter proceeds, depending on the offence and the reason for the absence.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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