Plain language law

New Zealand law explained for everyone

Bail Act 2000

Court bail - Granting of bail on adjournment - Procedures after defendant granted bail

35: Defendant on bail may be arrested without warrant in certain circumstances

You could also call this:

"The police can arrest you without a warrant if you break bail rules or try to run away."

Illustration for Bail Act 2000

If you are on bail and a police officer thinks you are trying to run away or have broken your bail conditions, they can arrest you without a warrant. You will then be taken to court as soon as possible. The court will look again at whether you should be allowed to stay on bail. If you are arrested, you cannot automatically get bail again and the court will decide if you can be bailed under section 7(5). This rule does not apply if section 36 applies to you. A police officer can still get a warrant to arrest you under section 37. If you are 17 years old and have been charged with an offence, and you are arrested without a warrant, sections 215 to 232 of the Oranga Tamariki Act 1989 apply to you. You must be taken to the District Court as soon as possible if you were granted bail for a category 1, 2, or 3 offence, unless the Solicitor-General has taken over your case in accordance with section 187 of the Criminal Procedure Act 2011. If this does not apply to you, you will be taken to a High Court Judge or a District Court Judge as soon as possible.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM68957.

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal help
Previous

34A: Surrender of defendant on bail with EM condition, or

"What to do if you're on bail and can't stay at your approved address"

Next

36: Arrest of defendant charged with drug dealing offence, or

"What happens if you're on bail for a drug offence and try to run away"

Part 3Court bail
Granting of bail on adjournment: Procedures after defendant granted bail

35Defendant on bail may be arrested without warrant in certain circumstances

  1. Any constable may arrest without warrant a defendant who has been released on bail by a court or Registrar or Police employee if the constable believes on reasonable grounds that—

  2. the defendant has absconded or is about to abscond for the purpose of evading justice; or
    1. the defendant has contravened or failed to comply with any condition of bail.

      1. A defendant who is arrested under subsection (1) must,—

      2. if released on bail by the District Court, a Registrar, or a Police employee in relation to a category 1, 2, or 3 offence, be brought before the District Court as soon as possible, unless the Solicitor-General has assumed responsibility for the proceedings in accordance with section 187 of the Criminal Procedure Act 2011; or
        1. if released on bail in any circumstances to which paragraph (a) does not apply, be brought before a High Court Judge or a District Court Judge as soon as possible.

          1. In any such case, the judicial officer, on being satisfied that the defendant had absconded or was about to abscond or has contravened or failed to comply with any condition of bail, must reconsider the question of bail.

          2. After a defendant has been arrested under subsection (1), the defendant cannot be bailed as of right and is bailable only under section 7(5).

          3. This section does not apply if section 36 applies.

          4. Nothing in this section prevents a constable from seeking a warrant to arrest a defendant under section 37.

          5. Sections 215 to 232 of the Oranga Tamariki Act 1989 apply to a defendant aged 17 years who—

          6. has been charged with, or convicted of, any offence (except a drug dealing offence) in the District Court or the High Court; and
            1. has been released on bail for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
              1. is arrested without warrant under subsection (1).

                Notes
                • Section 35: replaced, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).
                • Section 35(1): amended, on , by section 25(1) of the Bail Amendment Act 2013 (2013 No 66).
                • Section 35(2): replaced, on , by section 25(2) of the Bail Amendment Act 2013 (2013 No 66).
                • Section 35(2)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 35(7): inserted, on , by section 25 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).