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](/view/html/inforce/current/act-2013-026). > > > (2A) The [Bail Act 2013](/view/html/inforce/current/act-2013-026) 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 (2C) (Repealed) 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\[6\]–\[9\].