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Armed Forces Discipline Act 1971

Arrest and search

101B: Issue of warrant to arrest person absconding or breaching bail condition

You could also call this:

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

Illustration for Armed Forces Discipline Act 1971

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 warrant can be carried out by a provost officer or a constable. If the police think you are hiding somewhere, they can enter those premises to find you. They must have the warrant with them and show it to you when they arrive. If they are not in uniform, they must also show you proof that they are allowed to arrest you. The warrant is directed to every provost officer and constable, and they can arrest you at any time. You can be arrested if you have been released on bail under section 101A and you break the rules. The police can use force to enter premises if they think you are hiding there.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2096055.

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Crime and justice > Police and safetyCrime and justice > Courts and legal help
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101A: Judge Advocate General may grant bail pending trial, or

"The Judge Advocate General can let you out on bail while you wait for your trial."

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101C: Person arrested under warrant for absconding or breaching bail condition must be brought before Judge Advocate General, or

"What happens if you're arrested for breaking bail rules"

Part 4Arrest and search

101BIssue 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 101A if—

  2. the Judge is satisfied by evidence on oath that—
    1. for 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 constable; 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 constable.

                  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. 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).

                        Notes
                        • Section 101B: inserted, on , by section 35 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).