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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Notifying defendant of court appearance

34A: When warrant may be issued irrespective of whether summons has been issued or served

You could also call this:

"When a warrant can be issued to arrest you, even if you haven't got a summons yet."

Illustration for Criminal Procedure Act 2011

A charging document has been filed against you for a certain type of offence. You might have received a summons or you might not have. A judicial officer or Registrar can issue a warrant to arrest you if they think it is necessary.

They can do this if they do not know where you are. They can also do this if they think it is a good idea because of how serious the alleged offence is and the circumstances of the case. This means they want to make sure you come to the District Court.

The law that allows this is found in the Criminal Procedure Act 2011, and it was updated by the Courts Matters Act 2018. You will be brought before the District Court if a warrant is issued. This is how the law works when a charging document has been filed against you.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS138349.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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34: Warrant may be issued if summons cannot be served, or

"The police can arrest you if they cannot deliver a summons to you."

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35: Court dealing with proceeding before trial or transfer for trial: categories 1 to 3, or

"What court handles your case before a trial, and where it might be held"

Part 2Commencement of proceedings and preliminary steps
Notifying defendant of court appearance

34AWhen warrant may be issued irrespective of whether summons has been issued or served

  1. This section applies if a charging document has been filed for a category 2, 3, or 4 offence, whether or not a summons has been issued or served.

  2. A judicial officer or Registrar may issue a warrant to arrest the defendant and bring him or her before the District Court if the judicial officer or Registrar is satisfied that—

  3. a warrant is necessary to compel the attendance of the defendant (for example, because the location of the defendant is unknown); or
    1. having regard to the gravity of the alleged offence and the circumstances of the case, a warrant is desirable to compel the attendance of the defendant.

      Notes
      • Section 34A: inserted, on , by section 30 of the Courts Matters Act 2018 (2018 No 50).