ACTIn ForceRegulation
Court Procedures Rules
2561Arrest warrant for defendant—failure to comply with
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2561 Arrest warrant for defendant—failure to comply with
conditions
(1) 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.
(2) 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).
(3) 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.
Rule 2562
(4) 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.
(5) 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.
(6) 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.
(7) 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—
(a) set aside the order under which the defendant was released; and
(b) make any order that it could make under rule 2560 (Arrest
warrant for defendant—court powers).