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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Dealing with witness arrested under warrant

164: Dealing with witness arrested under warrant

You could also call this:

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

Illustration for Criminal Procedure Act 2011

If you are arrested under a warrant because you did not show up to court as a witness, you must be taken to see a Judge as soon as possible. The Judge can either send you to prison until the court case you need to be a witness for, or let you go on bail. If the Judge sends you to prison, you will be treated like someone waiting for their trial, and you can ask to see a District Court Judge to apply for bail. If you are let out on bail, some rules from the Bail Act 2000 will apply to you, like you are someone who has been let out on bail while waiting for their trial.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360282.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"Stopping a warrant for your arrest"

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165: Witness refusing to give evidence may be imprisoned, or

"What happens if you refuse to give evidence in court"

Part 5General provisions
Conduct of proceeding: Dealing with witness arrested under warrant

164Dealing with witness arrested under warrant

  1. A person who is arrested under a warrant issued under section 161 must be brought as soon as possible before a Judge of the court that issued the warrant, who may—

  2. issue a warrant ordering that the person be committed to a prison to be detained until the hearing for which the witness is required; or
    1. grant the person bail.

      1. A person committed to prison under subsection (1)—

      2. must be treated in the same way as a prisoner awaiting trial; and
        1. must, if he or she so requests, be brought before a District Court Judge for the purpose of making an application for bail, and the Judge may grant or refuse to grant bail on that application.

          1. If a person is granted bail under subsection (1) or (2), sections 28, 29(3), and 30 to 39 of the Bail Act 2000, as far as they are applicable and with any necessary modifications, apply as if—

          2. that person were a defendant remanded in custody who had been granted bail; and
            1. for the words evading justice in section 35(1)(a) of the Bail Act 2000 there were substituted the words avoiding giving evidence.

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