sec.33Failure to appear in accordance with undertaking

### sec.33 Failure to appear in accordance with undertaking A defendant who— fails to surrender into custody in accordance with the defendant’s undertaking; and is apprehended under a warrant issued pursuant to section 28 or 28A (1) (a) , (b) , (c) or (e) ; commits an offence against this Act. It is a defence to an offence defined in subsection (1) if the defendant satisfies the court that the defendant had reasonable cause— for failing to surrender into custody in accordance with the defendant’s undertaking; and for failing to appear before the court specified in the defendant’s undertaking and surrender into custody as soon after the time for the time being appointed for the defendant to do so as is reasonably practicable. Proceedings for an offence against this section— shall be instituted and taken, without the laying of a complaint; shall be taken in accordance with the following procedures— production to the court before which a defendant apprehended under a warrant issued under section 28 or 28A (1) (a) , (b) , (c) or (e) is brought of that warrant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the undertaking and of the failure to surrender into custody and that the issue of the warrant was duly authorised by the decision or order of the court that issued the warrant; judicial notice shall be taken of the following— for a warrant other than a computer warrant—the signature of the person who issued the warrant; that the person who issued the warrant was duly authorised to do so. Upon production to the court of the warrant the court shall then and there call on the defendant to prove why the defendant should not be convicted of an offence against this section. Where a court in making an order under this section directs that a term of imprisonment (the first mentioned term of imprisonment ) be imposed (whether in the first instance or in default payment of a fine) upon a defendant then, notwithstanding any Act, law or practice, the following applies— the first mentioned term of imprisonment shall take effect from the expiration of the deprivation of liberty of the defendant pursuant to a term of imprisonment— imposed upon the defendant pursuant to this section or a law of the Commonwealth or the State at the same time as the first mentioned term of imprisonment is imposed; or which the defendant is serving pursuant to this section or a law of the Commonwealth or the State at the time the first mentioned term of imprisonment is imposed; if during the time the defendant is serving the first mentioned term of imprisonment a further term of imprisonment is imposed upon the defendant pursuant to a law of the Commonwealth or the State, the further term of imprisonment shall take effect from the expiration of the deprivation of liberty of the defendant pursuant to the first mentioned term of imprisonment; if before the defendant commences to serve the first mentioned term of imprisonment a further term of imprisonment is imposed upon the defendant pursuant to a law of the Commonwealth or the State, the first mentioned term of imprisonment shall take effect from the expiration of the deprivation of liberty of the defendant pursuant to the further term of imprisonment. Subsection (5) does not apply if the defendant was a child when the defendant committed the offence mentioned in subsection (1) . Despite subsection (3) (a) , a defendant mentioned in subsection (1) (b) is taken to be charged with an offence under subsection (1) for the purpose of— applying for bail under any provision of this Act; and section 16 (3) (d) . In this section— computer warrant see the Justices Act 1886 , section 67 (1) . s 33 sub 1982 No. 56 s 10 ; 1988 No. 105 s 25 amd 2002 No. 34 s 74 sch 6 ; 2003 No. 3 s 2D ; 2002 No. 39 s 135 ; 2010 No. 42 ss 18 , 15 sch ; 2022 No. 12 s 5 (sec.33-ssec.1) A defendant who— fails to surrender into custody in accordance with the defendant’s undertaking; and is apprehended under a warrant issued pursuant to section 28 or 28A (1) (a) , (b) , (c) or (e) ; commits an offence against this Act. (sec.33-ssec.2) It is a defence to an offence defined in subsection (1) if the defendant satisfies the court that the defendant had reasonable cause— for failing to surrender into custody in accordance with the defendant’s undertaking; and for failing to appear before the court specified in the defendant’s undertaking and surrender into custody as soon after the time for the time being appointed for the defendant to do so as is reasonably practicable. (sec.33-ssec.3) Proceedings for an offence against this section— shall be instituted and taken, without the laying of a complaint; shall be taken in accordance with the following procedures— production to the court before which a defendant apprehended under a warrant issued under section 28 or 28A (1) (a) , (b) , (c) or (e) is brought of that warrant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the undertaking and of the failure to surrender into custody and that the issue of the warrant was duly authorised by the decision or order of the court that issued the warrant; judicial notice shall be taken of the following— for a warrant other than a computer warrant—the signature of the person who issued the warrant; that the person who issued the warrant was duly authorised to do so. (sec.33-ssec.4) Upon production to the court of the warrant the court shall then and there call on the defendant to prove why the defendant should not be convicted of an offence against this section. (sec.33-ssec.5) Where a court in making an order under this section directs that a term of imprisonment (the first mentioned term of imprisonment ) be imposed (whether in the first instance or in default payment of a fine) upon a defendant then, notwithstanding any Act, law or practice, the following applies— the first mentioned term of imprisonment shall take effect from the expiration of the deprivation of liberty of the defendant pursuant to a term of imprisonment— imposed upon the defendant pursuant to this section or a law of the Commonwealth or the State at the same time as the first mentioned term of imprisonment is imposed; or which the defendant is serving pursuant to this section or a law of the Commonwealth or the State at the time the first mentioned term of imprisonment is imposed; if during the time the defendant is serving the first mentioned term of imprisonment a further term of imprisonment is imposed upon the defendant pursuant to a law of the Commonwealth or the State, the further term of imprisonment shall take effect from the expiration of the deprivation of liberty of the defendant pursuant to the first mentioned term of imprisonment; if before the defendant commences to serve the first mentioned term of imprisonment a further term of imprisonment is imposed upon the defendant pursuant to a law of the Commonwealth or the State, the first mentioned term of imprisonment shall take effect from the expiration of the deprivation of liberty of the defendant pursuant to the further term of imprisonment. (sec.33-ssec.6) Subsection (5) does not apply if the defendant was a child when the defendant committed the offence mentioned in subsection (1) . (sec.33-ssec.7) Despite subsection (3) (a) , a defendant mentioned in subsection (1) (b) is taken to be charged with an offence under subsection (1) for the purpose of— applying for bail under any provision of this Act; and section 16 (3) (d) . (sec.33-ssec.8) In this section— computer warrant see the Justices Act 1886 , section 67 (1) . - (a) fails to surrender into custody in accordance with the defendant’s undertaking; and - (b) is apprehended under a warrant issued pursuant to section 28 or 28A (1) (a) , (b) , (c) or (e) ; - (a) for failing to surrender into custody in accordance with the defendant’s undertaking; and - (b) for failing to appear before the court specified in the defendant’s undertaking and surrender into custody as soon after the time for the time being appointed for the defendant to do so as is reasonably practicable. - (a) shall be instituted and taken, without the laying of a complaint; - (b) shall be taken in accordance with the following procedures— (i) production to the court before which a defendant apprehended under a warrant issued under section 28 or 28A (1) (a) , (b) , (c) or (e) is brought of that warrant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the undertaking and of the failure to surrender into custody and that the issue of the warrant was duly authorised by the decision or order of the court that issued the warrant; (ii) judicial notice shall be taken of the following— (A) for a warrant other than a computer warrant—the signature of the person who issued the warrant; (B) that the person who issued the warrant was duly authorised to do so. - (i) production to the court before which a defendant apprehended under a warrant issued under section 28 or 28A (1) (a) , (b) , (c) or (e) is brought of that warrant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the undertaking and of the failure to surrender into custody and that the issue of the warrant was duly authorised by the decision or order of the court that issued the warrant; - (ii) judicial notice shall be taken of the following— (A) for a warrant other than a computer warrant—the signature of the person who issued the warrant; (B) that the person who issued the warrant was duly authorised to do so. - (A) for a warrant other than a computer warrant—the signature of the person who issued the warrant; - (B) that the person who issued the warrant was duly authorised to do so. - (i) production to the court before which a defendant apprehended under a warrant issued under section 28 or 28A (1) (a) , (b) , (c) or (e) is brought of that warrant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the undertaking and of the failure to surrender into custody and that the issue of the warrant was duly authorised by the decision or order of the court that issued the warrant; - (ii) judicial notice shall be taken of the following— (A) for a warrant other than a computer warrant—the signature of the person who issued the warrant; (B) that the person who issued the warrant was duly authorised to do so. - (A) for a warrant other than a computer warrant—the signature of the person who issued the warrant; - (B) that the person who issued the warrant was duly authorised to do so. - (A) for a warrant other than a computer warrant—the signature of the person who issued the warrant; - (B) that the person who issued the warrant was duly authorised to do so. - (a) the first mentioned term of imprisonment shall take effect from the expiration of the deprivation of liberty of the defendant pursuant to a term of imprisonment— (i) imposed upon the defendant pursuant to this section or a law of the Commonwealth or the State at the same time as the first mentioned term of imprisonment is imposed; or (ii) which the defendant is serving pursuant to this section or a law of the Commonwealth or the State at the time the first mentioned term of imprisonment is imposed; - (i) imposed upon the defendant pursuant to this section or a law of the Commonwealth or the State at the same time as the first mentioned term of imprisonment is imposed; or - (ii) which the defendant is serving pursuant to this section or a law of the Commonwealth or the State at the time the first mentioned term of imprisonment is imposed; - (b) if during the time the defendant is serving the first mentioned term of imprisonment a further term of imprisonment is imposed upon the defendant pursuant to a law of the Commonwealth or the State, the further term of imprisonment shall take effect from the expiration of the deprivation of liberty of the defendant pursuant to the first mentioned term of imprisonment; - (c) if before the defendant commences to serve the first mentioned term of imprisonment a further term of imprisonment is imposed upon the defendant pursuant to a law of the Commonwealth or the State, the first mentioned term of imprisonment shall take effect from the expiration of the deprivation of liberty of the defendant pursuant to the further term of imprisonment. - (i) imposed upon the defendant pursuant to this section or a law of the Commonwealth or the State at the same time as the first mentioned term of imprisonment is imposed; or - (ii) which the defendant is serving pursuant to this section or a law of the Commonwealth or the State at the time the first mentioned term of imprisonment is imposed; - (a) applying for bail under any provision of this Act; and - (b) section 16 (3) (d) .