Court Procedures Rules 2006

The enforcement officer or a surety may, without a warrant, arrest a defendant who has been conditionally released from custody by the court under rule 2560 if the enforcement officer or surety, on reasonable grounds, suspects, that the defendant has failed or will fail to comply with a condition of the defendant’s release.

The enforcement officer or a surety may ask a police officer to help in the exercise of the enforcement officer’s or surety’s power under subrule (1).

The police officer must give the enforcement officer or surety the reasonable help the enforcement officer or surety requires, if it is practicable to give the help.

If the defendant is arrested under subrule (1) by the enforcement officer or a police officer, the enforcement officer or police officer must, as soon as practicable after the arrest, take the defendant to the nearest correctional centre.

If the defendant is arrested under subrule (1) by a surety, the surety must, as soon as practicable after the arrest, take the defendant to an enforcement officer or a police officer who must take the defendant to the nearest correctional centre as soon as practicable.

The person in charge of the correctional centre must hold the defendant in custody and, within 24 hours after the person comes into custody at the correctional centre or as soon as practicable after that time, bring the defendant before the court.

If the court is satisfied that the defendant has failed to comply or is about to fail to comply with a condition of the defendant’s release, the court may, on application by the plaintiff or defendant—

set aside the order under which the defendant was released; and

make any order that it could make under rule 2560 (Arrest warrant for defendant—court powers).

Pt 6.2 (Applications in proceedings) applies to an application under this rule.