NSWIn ForceAct
Criminal Procedure Act 1986
229Action that may be taken if person does not comply with subpoena
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#### 229 Action that may be taken if person does not comply with subpoena
229 Action that may be taken if person does not comply with subpoena
> > (1) A party who requested, or issued, a subpoena may apply to the court for the issue of a warrant under Part 4 for the arrest of the person named if the person named has not complied with the subpoena.
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> > (2) The court may issue the warrant if satisfied that—
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> > > (a) the person named has not complied with the subpoena, and
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> > > (b) the requirements of this Part for subpoenas were complied with and no just or reasonable excuse has been offered for the failure to comply.
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> > (3) A Judge of the Local Court before whom a person is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, issue a warrant—
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> > > (a) committing the person to a correctional centre or other place of security, and
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> > > (b) ordering the person to be brought before a court at the date, time and place specified in the order.
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> > (4) The Judge must give notice of the date, time and place set to the party who issued or requested the subpoena.
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> Note.
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> Division 2 of Part 4 sets out procedures for arrest warrants generally.
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> **s 229:** Ins 2001 No 119, Sch 1 \[82\]. Am 2025 No 61, Schs 2.31\[2\] \[9\], 3.7\[1\] \[2\].