sec.389Court may order immediate arrest of person who fails to appear

### sec.389 Court may order immediate arrest of person who fails to appear Subject to section 390 , if a person fails to appear before a court as required by a notice to appear served on the person, the court may— hear and decide the complaint in the absence of the person; or order that a warrant issue for the arrest of the person to be brought before the court to be dealt with according to law. A document purporting to be a copy of the notice to appear signed by the police officer who served it, and stating the following is evidence of what it states— if the notice to appear was served personally— the date it is served; and when and where it was served; if the notice to appear is served by registered post under section 382 (4) — the notice to appear was posted to the address stated in the notice by registered post; and when and where the notice to appear was posted; and the registered post identification number for the envelope containing the notice to appear. Any justice may issue the warrant. If the person appears voluntarily before a court after the warrant is issued, any justice may revoke the warrant. Subsection (1) (b) does not prevent a court postponing the enforcement of a warrant for the arrest of a person to allow the person a further opportunity to appear before the court. An adult who is arrested under a warrant issued under subsection (1) (b) is taken, for section 394 , to have been arrested for the offence stated in the notice to appear. The bail and custody provisions of the Youth Justice Act 1992 , part 5 apply to a child arrested on a warrant issued under subsection (1) (b) . s 389 (prev s 183) amd 2000 No. 22 s 3 sch renum 2000 No. 22 s 11 amd 2002 No. 39 s 175 ; 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115 , 118 ); 2006 No. 26 s 45 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2018 No. 20 s 29 (sec.389-ssec.1) Subject to section 390 , if a person fails to appear before a court as required by a notice to appear served on the person, the court may— hear and decide the complaint in the absence of the person; or order that a warrant issue for the arrest of the person to be brought before the court to be dealt with according to law. (sec.389-ssec.2) A document purporting to be a copy of the notice to appear signed by the police officer who served it, and stating the following is evidence of what it states— if the notice to appear was served personally— the date it is served; and when and where it was served; if the notice to appear is served by registered post under section 382 (4) — the notice to appear was posted to the address stated in the notice by registered post; and when and where the notice to appear was posted; and the registered post identification number for the envelope containing the notice to appear. (sec.389-ssec.3) Any justice may issue the warrant. (sec.389-ssec.4) If the person appears voluntarily before a court after the warrant is issued, any justice may revoke the warrant. (sec.389-ssec.5) Subsection (1) (b) does not prevent a court postponing the enforcement of a warrant for the arrest of a person to allow the person a further opportunity to appear before the court. (sec.389-ssec.6) An adult who is arrested under a warrant issued under subsection (1) (b) is taken, for section 394 , to have been arrested for the offence stated in the notice to appear. (sec.389-ssec.7) The bail and custody provisions of the Youth Justice Act 1992 , part 5 apply to a child arrested on a warrant issued under subsection (1) (b) . - (a) hear and decide the complaint in the absence of the person; or - (b) order that a warrant issue for the arrest of the person to be brought before the court to be dealt with according to law. - (a) if the notice to appear was served personally— (i) the date it is served; and (ii) when and where it was served; - (i) the date it is served; and - (ii) when and where it was served; - (b) if the notice to appear is served by registered post under section 382 (4) — (i) the notice to appear was posted to the address stated in the notice by registered post; and (ii) when and where the notice to appear was posted; and (iii) the registered post identification number for the envelope containing the notice to appear. - (i) the notice to appear was posted to the address stated in the notice by registered post; and - (ii) when and where the notice to appear was posted; and - (iii) the registered post identification number for the envelope containing the notice to appear. - (i) the date it is served; and - (ii) when and where it was served; - (i) the notice to appear was posted to the address stated in the notice by registered post; and - (ii) when and where the notice to appear was posted; and - (iii) the registered post identification number for the envelope containing the notice to appear.