312Persons arrested under bench warrants

312 Persons arrested under bench warrants

312 Persons arrested under bench warrants

(1) A Judge of the Local Court before whom a person is brought after having been arrested under a bench warrant issued by a Judge in criminal proceedings must, if bail is not dispensed with or granted—

(a) by warrant commit the person to a correctional centre or other place of security, and

(b) order the person to be brought before the court out of which the bench warrant was issued in accordance with the terms of the warrant.

(2) A Judge of the Local Court may make a bail decision in respect of the person under the Bail Act 2013.

(2A) The Bail Act 2013 applies to the person (not being an accused person) as if—

(a) the person were accused of an offence, and

(b) the proceedings before the court out of which the bench warrant was issued were proceedings for that offence.

(2B) Bail may be granted for the period between—

(a) the person’s being brought before the judge, and

(b) the person’s appearance before the court out of which the bench warrant was issued.

(2C) (Repealed)

(3) In this section—

Judge includes a Judge of the Local Court, a Children’s Judge, the President or a judicial member of the Industrial Relations Commission and an Industrial Local Court Judge and any other person of a class prescribed for the purposes of this definition.

s 312: Ins 2001 No 119, Sch 1 [135]. Am 2007 No 92, Sch 4.5 [2]; 2008 No 107, Sch 29.4 [9]; 2014 No 5, Sch 2.15 [10]–[12]; 2016 No 48, Sch 2.13 [7]; 2023 No 41, Sch 2.13[6]; 2025 No 61, Schs 2.31[2] [14] [23] [25], 3.7[6]–[9].