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Bail Act 2000

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

37: Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail

You could also call this:

"What happens if you break bail or run away from the law"

Illustration for Bail Act 2000

If you are out on bail and you run away or break the rules, a warrant can be issued for your arrest. A judicial officer or Registrar can issue this warrant if they think you are trying to avoid the law or have broken your bail conditions. You must attend court when you are supposed to, or a warrant can be issued for your arrest. If a warrant is issued for your arrest, it will be given to a constable who will try to find you. The constable can enter any premises to arrest you if they think you are there. They must have the warrant with them and show it to you if you ask. If you are arrested under this warrant, you will be treated as if you had been arrested under different circumstances. This means that certain rules will apply to you, such as those outlined in section 35(2) to (4) and section 36(2) to (6). A judicial officer or Registrar is someone who works in the court system, such as a Judge or a Registrar of the District Court or the High Court. The constable who arrests you must follow certain rules, such as having the warrant with them and showing it to you if you ask. They must also prove that they are a constable if they are not in uniform. You will be taken to court and dealt with according to the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68959.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
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Part 3Court bail
Granting of bail on adjournment: Procedures after defendant granted bail

37Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail

  1. A judicial officer or Registrar may issue a warrant for the arrest of a defendant if—

  2. the judicial officer or Registrar is satisfied by evidence on oath that—
    1. 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; or
      2. the defendant—
        1. does not attend personally at the time and place specified in the notice of bail or, as the case may be, the bail bond; or
          1. does not attend personally at any time or place to which during the course of the proceedings the hearing has been adjourned.

          2. A warrant to arrest a defendant under this section must be directed to a constable by name or generally to every constable.

          3. The warrant may be executed by any constable.

          4. For the purpose of executing a warrant issued under this section, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the defendant against whom it is issued is on those premises.

          5. The constable executing the warrant—

          6. must have the warrant, or a copy of it, with him or her; and
            1. must produce it, or a copy of 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 a constable.

                1. If a defendant is arrested under a warrant issued under this section,—

                2. section 35(2) to (4) apply as if the defendant had been arrested under section 35(1); and
                  1. in the case of a person who is charged with or convicted of a drug dealing offence and who has been released on bail in relation to that offence, section 36(2) to (6) apply as if the defendant had been arrested under section 36(1).

                    1. In this section, judicial officer or Registrar means, in relation to proceedings for the offence with which the defendant is charged,—

                    2. for proceedings in the District Court, a judicial officer or Registrar of the District Court:
                      1. for proceedings in the High Court, a Judge or Registrar of the High Court:
                        1. for proceedings in the Court of Appeal or the Supreme Court, a Judge or Registrar of the High Court.

                          Notes
                          • Section 37: replaced, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).
                          • Section 37(1): amended, on , by section 28(1) of the Bail Amendment Act 2013 (2013 No 66).
                          • Section 37(7): replaced, on , by section 28(2) of the Bail Amendment Act 2013 (2013 No 66).
                          • Section 37(7)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).