Part 4In addition to warrants issued in, or in connection with, proceedings to which this Part applies because of section 170, this Part applies to warrants that may be issued under Part 3.
In this Part:named person means the person named in a warrant.
235 When arrest warrants may be issued for accused persons
A warrant to arrest a person may be issued on any day of the week.
(1) A warrant to arrest a person must be in the form prescribed by the rules.(2) Without limiting subsection (1), the warrant must be directed to a person permitted by this Division to execute the warrant and must do the following things:(a) name or describe the person to be arrested,(b) briefly state the subject-matter of the court attendance notice or reason for the arrest,(c) order that the person be arrested and brought before the Judge, Magistrate or authorised officer to be dealt with according to law or to give evidence or produce documents or things, as appropriate.(3) A warrant to arrest a person must be signed by the person issuing it and sealed with the seal of the court to which the person issuing it is attached.(4) However, an authorised officer may sign a warrant issued under this Act if a Judge or Magistrate has directed in writing that the warrant be issued.
237 Duration of arrest warrants
(1) A warrant to arrest an accused person need not be returnable at any particular time. If it is not, the warrant continues in force until it expires.(1A) A warrant to arrest an accused person in respect of an offence specified in the Table below expires at the end of the period specified in the Table in relation to the offence.
Offence
Period
Indictable offences (punishable by imprisonment for life or 25 years or more)
50 years
Indictable offences (punishable by imprisonment for less than 25 years and not less than 5 years)
30 years
Indictable offences not punishable by imprisonment for 5 years or more (where the accused person is not a child)
15 years
Summary offences (where the accused person is not a child)
10 years
Indictable offences not punishable by imprisonment for 5 years or more (where the accused person is a child)
10 years
Summary offences (where the accused person is a child)
5 years
(1B) A warrant issued for the arrest of a convicted person to bring that person before a court for sentencing expires at the end of 30 years after it is issued.(1C) Nothing in subsection (1A) or (1B) prevents a new warrant for arrest from being issued in respect of the same offence or offences as a previous arrest warrant.(2) A warrant to arrest a witness must be returnable at a stated date, time and place.(3) The warrant to arrest a witness may be returned and cancelled, and a further warrant may be obtained, if the witness is not arrested before the warrant must be returned.
238 Persons who may execute arrest warrant
(1) A warrant to arrest a person must be directed to:(a) a named police officer, or(b) a person authorised by law to execute a warrant to arrest, or(c) the senior police officer of the area where the court is located, or(d) the senior police officer and all other police officers, or(e) generally all police officers.(2) A warrant to arrest a person may be carried out by arresting the accused or witness at any place in New South Wales.
A person who is arrested under a warrant must be brought before a Judge, a Magistrate or an authorised officer as soon as practicable.
(1) Any warrant to arrest a person may be revoked by a Judge, Magistrate or authorised officer if:(a) the party who requested the warrant applies to the Judge, Magistrate or authorised officer to revoke the warrant, or(b) the Judge, Magistrate or authorised officer is of the opinion that it is appropriate to do so.(2) A Judge, Magistrate or authorised officer may revoke a warrant even though it was issued by another Judge, Magistrate or authorised officer. A Magistrate may not revoke a warrant issued by a Judge. An authorised officer may not revoke a warrant issued by a Judge or Magistrate.
Division 3 Warrants of commitment
241 Power to commit person to correctional centre subject to Bail Act 1978
A power to issue a warrant to commit a person to a correctional centre or other place under this Act is subject to the provisions of the Bail Act 1978.Note. The Bail Act 1978 sets out the circumstances when bail must or may be granted or may be dispensed with by a Magistrate.
242 Form of warrants of commitment
(1) A warrant to commit a person must be in the form prescribed by the rules.(2) Without limiting subsection (1), the warrant must be directed to a person permitted by the rules to execute the warrant and must do the following things:(a) name or describe the person to be committed,(b) direct and authorise the person to take and safely convey the named person to the correctional centre or other place,(c) direct the person to deliver the named person to the officer in charge of the place,(d) direct and authorise the officer in charge of the place to receive the named person in custody and to keep the named person in custody for the period specified, or in the circumstances specified, or until the named person is otherwise lawfully released from custody.(3) A warrant to commit a witness to a correctional centre, lock-up or a place of security must not require the witness to be kept in custody for more than 7 days.(4) An authorised officer may sign a warrant to commit a person if a Judge or Magistrate has directed in writing that the warrant be issued.
243 Procedure for taking person to correctional centre or other place
(1) The person to whom a warrant issued under this Division to commit a person to a correctional centre or other place is directed must take the named person to the correctional centre or other place specified in the warrant and deliver the named person to the person in charge of the place.(2) The person executing the warrant must obtain a receipt for the delivery of the named person setting out the condition of the named person when delivered into the custody of the person in charge.
244 Defects in warrants of commitment
A warrant to commit an accused person to a correctional centre or other place may not be held void because of any defect in the warrant if the warrant states that:(a) the accused person has been convicted or ordered to do or abstain from doing any act or thing required to be done or not done, and(b) there is a good and valid conviction or order to sustain the warrant.