Deferred sentence orders—arrest warrant
125 Deferred sentence orders—arrest warrant
If a judge or magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that the offender has breached, or will breach, the offender’s deferred sentence obligations, the judge or magistrate may issue a warrant for the offender’s arrest.
For the arrest of an offender who breaches bail, see the Bail Act 1992, s 56A and s 56B.
The warrant must—
be in writing signed by the judge or magistrate; and
be directed to all police officers or a named police officer; and
state briefly the matter on which the information is based; and
order the offender’s arrest and bringing the offender before the sentencing court.
If a police officer arrests the offender under this section, the police officer must, as soon as practicable, bring the offender before—
the sentencing court; or
if the sentencing court is not sitting—a magistrate.
This Act’s bill:Explanatory statementSecond reading speech
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