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New Zealand law explained for everyone

Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Provisions relating to warrants to arrest defendant or witness

163: Withdrawal of warrant

You could also call this:

"Stopping a warrant for your arrest"

Illustration for Criminal Procedure Act 2011

A warrant to arrest you can be withdrawn at any time before it is executed, with the permission of a judicial officer. You can think of a judicial officer like a judge who makes big decisions. A Registrar can also withdraw a warrant to arrest you if certain conditions are met, such as you reporting to the court and no breaches of bail being recorded under section 39 of the Bail Act 2000.

If you are a defendant, the warrant can be withdrawn if you are charged with an offence that has a maximum penalty of 10 or fewer years' imprisonment and you meet the other conditions. A defendant is someone who is accused of doing something wrong. If you are a witness, the warrant can be withdrawn if you report to the court and the defendant in the proceeding is charged with an offence that has a maximum penalty of 10 or fewer years' imprisonment.

A Registrar can withdraw a warrant even if they did not issue it, as long as the conditions are met, such as the warrant being issued under this Act or section 37 of the Bail Act 2000 because you failed to appear at court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360281.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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162: To whom warrant to be directed and power of person executing warrant to enter premises, or

"Who gets a warrant to arrest someone and how they can enter a property to do it"

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164: Dealing with witness arrested under warrant, or

"What happens if you're arrested for not showing up to court as a witness"

Part 5General provisions
Conduct of proceeding: Provisions relating to warrants to arrest defendant or witness

163Withdrawal of warrant

  1. A warrant to arrest a defendant or a warrant to arrest a person required as a witness may, at any time before it is executed, be withdrawn by leave of a judicial officer.

  2. A Registrar, at any time before it is executed, may withdraw a warrant to arrest a defendant or a warrant to arrest a person required as a witness, whether or not the warrant was issued by the Registrar, if,—

  3. in the case of a warrant to arrest a defendant,—
    1. the warrant was issued under this Act or section 37 of the Bail Act 2000 because the defendant failed to appear at court; and
      1. the defendant reports to the court (whether or not the defendant actually makes an appearance in the court that day); and
        1. no breaches of bail by the defendant in relation to the charge have been recorded under section 39 of the Bail Act 2000; and
          1. no other warrants for the arrest of the defendant in relation to the proceeding have been issued; and
            1. the defendant is charged with an offence for which the maximum penalty is 10 or fewer years' imprisonment:
            2. in the case of a warrant to arrest a witness,—
              1. the warrant was issued under this Act because the witness failed to appear at court; and
                1. the witness reports to the court (whether or not the defendant actually makes an appearance in the court that day); and
                  1. no other warrants for the arrest of the witness in relation to the proceeding have been issued; and
                    1. the defendant in the proceeding is charged with an offence for which the maximum penalty is 10 or fewer years' imprisonment.

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