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Court Martial Act 2007

Jurisdiction, procedures, and powers - Bail - Other provisions relating to bail

53: Issue of warrant to arrest person absconding or breaching bail condition

You could also call this:

"What happens if you break bail or run away from court"

Illustration for Court Martial Act 2007

If you are out on bail and you run away or break the conditions of your bail, a Judge can issue a warrant for your arrest. You can be arrested if you do not show up to court when you are supposed to, or if you do not follow the rules of your bail. The Judge must be given evidence that you have done something wrong before they can issue a warrant. If a warrant is issued for your arrest, it is sent to the police and to special officers called provost officers. They can arrest you and take you into custody. The people arresting you must have the warrant with them and show it to you when they arrive. The police or provost officers can enter any premises to arrest you if they think you are there. They must have the warrant and show it to you when they arrive, and if they are not in uniform, they must prove who they are. You can be arrested at any time if you have broken the conditions of your bail or if you have run away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1002001.

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54: Person arrested under warrant for absconding or breaching bail condition must be brought before Judge, or

"What happens if you break bail or run away and get arrested"

Part 2Jurisdiction, procedures, and powers
Bail: Other provisions relating to bail

53Issue of warrant to arrest person absconding or breaching bail condition

  1. A Judge may issue a warrant in the prescribed form for the arrest of a person who has been released on bail under section 49 or 50 if—

  2. the Judge is satisfied by evidence on oath that—
    1. the person has absconded or is about to abscond for the purpose of evading justice; or
      1. the person has contravened or failed to comply with any condition of bail; or
      2. the person—
        1. does not attend personally at the time and place specified in the grant of bail; or
          1. does not attend personally at any time and place to which during the course of the proceedings the hearing has been adjourned.

          2. The warrant—

          3. must be directed to every provost officer and every member of the police; and
            1. may be executed by—
              1. a provost officer:
                1. a person lawfully exercising authority under or on behalf of a provost officer:
                  1. a member of the police.

                  2. For the purpose of executing the warrant, a person referred to in subsection (2)(b) may, at any time, enter on to any premises, by force if necessary, if he or she has reasonable grounds to believe that the person against whom the warrant is issued is on those premises.

                  3. The person executing the warrant—

                  4. must have the warrant with him or her; and
                    1. must produce it on initial entry and, if requested, at any subsequent time; and
                      1. must if he or she is not in uniform, produce evidence that he or she is one of the persons referred to in subsection (2)(b).