Queensland Consolidated Acts

BAIL ACT 1980 - SECT 28

28 Warrant for apprehension of defendant by Supreme or District Court

(1) Where a defendant who has entered into an undertaking conditioned that the defendant will appear before the Supreme Court or the District Court breaks a condition of the defendant’s undertaking, or if the court is satisfied that the defendant is likely to break any such condition, the court before which the defendant is required to appear, on application made by the director of public prosecutions or, as the case may be, deputy director of public prosecutions or a person duly authorised by the director or deputy director in writing in that behalf, either generally or in a particular case—

(a) after notice of the intention to make the application has been given to the defendant; or

(b) without giving notice pursuant to paragraph (a) if the defendant cannot be found, has absconded or is likely to abscond;

may issue a warrant for the apprehension of the defendant.

(2) Where a defendant for whose apprehension a warrant has been issued under subsection (1) for failing to surrender into custody in accordance with the defendant’s undertaking—

(a) surrenders into the custody of the court that issued the warrant as soon as is practicable after the time for the time being appointed for the defendant to do so; and

(b) satisfies the court that the failure to surrender into custody was due to reasonable cause;

the court may withdraw and cancel the warrant.

(2A) Where a defendant for whose apprehension a warrant has been issued under subsection (1) on the ground that the defendant has broken a condition of the defendant’s undertaking (other than the condition that the defendant surrender into custody) prior to the execution of the warrant satisfies the court that issued the warrant that breaking of the condition was due to reasonable cause the court may withdraw and cancel the warrant.

(2B) Where a defendant for whose apprehension a warrant has been issued under subsection (1) on the ground that the defendant is likely to break a condition of the defendant’s undertaking (including the condition that the defendant surrender into custody) prior to the execution of the warrant satisfies the court that issued the warrant that the defendant is not likely to break that condition the court may withdraw and cancel the warrant.

(3) A warrant issued under this section—

(a) shall name or otherwise describe the defendant against whom it is issued; and

(b) shall set out the reasons for the issue thereof; and

(c) shall order the police officers to whom it is directed to apprehend the defendant against whom it is issued and cause the defendant to be brought before a Magistrates Court or, as the case may be, Childrens Court to be dealt with according to law.