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Bail Act 2000

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

36: Arrest of defendant charged with drug dealing offence

You could also call this:

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

Illustration for Bail Act 2000

If you are on bail for a drug dealing offence and a police officer thinks you are trying to run away, they can arrest you without a warrant. You will then be taken to see a Judge as soon as possible, but no later than 72 hours after your arrest. The Judge will decide what to do with you next. If you are brought before a Judge, they might put you in custody if they think you were trying to run away or break your bail conditions. The Judge can also choose to release you. If you are released, your bail will continue as normal. If you are 17 years old and have been charged with a drug dealing offence, some special rules might apply to you, as outlined in sections 215 to 232 of the Oranga Tamariki Act 1989. A police officer can still arrest you without a warrant if they think you are trying to run away or break your bail conditions. You will still be taken to see a Judge, who will decide what to do with you next. A police officer can also get a warrant to arrest you under section 37 if they need to. This is a different way for the police to arrest you, and it might be used in some situations. The police will follow the rules to make sure you are treated fairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68958.

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

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

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

36Arrest of defendant charged with drug dealing offence

  1. If a defendant has been released on bail under section 16, any constable may arrest the defendant without warrant if—

  2. the constable believes on reasonable grounds that the defendant has absconded or is about to abscond for the purpose of evading justice; or
    1. the Police have been notified in writing by any surety for the defendant that the surety believes that the defendant has absconded or is about to abscond for the purpose of evading justice, and the constable is satisfied that there are reasonable grounds for that belief; or
      1. the constable believes, on reasonable grounds, that the defendant has broken, is breaking, or is about to break, any condition of bail (whether imposed under section 30 or otherwise); or
        1. the Police have been notified by any surety for the defendant that the surety believes that the defendant has broken, is breaking, or is about to break, any such condition of bail, and the constable is satisfied that there are reasonable grounds for that belief.

          1. A defendant who has been arrested under subsection (1) must be brought before a High Court Judge or a District Court Judge as soon as possible, and in any event not later than 72 hours after the arrest.

          2. If a defendant is brought before a Judge under subsection (2), the Judge must, if satisfied on the balance of probabilities that the defendant has absconded or was about to abscond, remand the defendant in custody.

          3. If a defendant is brought before a Judge under subsection (2), the Judge may,—

          4. if satisfied on the balance of probabilities that the defendant has broken, was breaking, or was about to break any condition of bail, remand the defendant in custody; or
            1. release the defendant.

              1. If a defendant is released under subsection (4)(b), the defendant's bail continues in force in all respects as if the defendant had not been arrested under subsection (1).

              2. Despite subsections (4)(b) and (5), if a defendant was arrested under subsection (1)(d), the Judge may release the defendant under subsection (4)(b) only if—

              3. the surety consents in writing to the release; or
                1. a fresh bail bond is issued.

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

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

                  3. has been charged with, or convicted of, 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 District Court Judge or a High Court Judge; and
                      1. is arrested without warrant under subsection (1).

                        Notes
                        • Section 36: replaced, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).
                        • Section 36(2): amended, on , by section 26(1) of the Bail Amendment Act 2013 (2013 No 66).
                        • Section 36(3): amended, on , by section 26(2) of the Bail Amendment Act 2013 (2013 No 66).
                        • Section 36(4): amended, on , by section 26(3) of the Bail Amendment Act 2013 (2013 No 66).
                        • Section 36(5): amended, on , by section 26(4) of the Bail Amendment Act 2013 (2013 No 66).
                        • Section 36(8): inserted, on , by section 26 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).