42ALPower of arrest

### 42AL Power of arrest > [*\[Section 42AL Inserted by No. 51 of 2017, s. 14, Applied:14 Dec 2018\]*](/view/html/inforce/2018-12-14/act-2017-051#GS14@EN) > > > (1)  A court to which an application in relation to an offender is made or adjourned under this Part may issue a warrant to arrest the offender if – > > > > > > (a) the offender fails to appear at the hearing of the application; or > > > > > > > (b) reasonable efforts have been made to serve the application on the offender but have been unsuccessful – > > > > and the application was not made by or on behalf of the offender. > > > (2)  Without limiting the generality of [subsection (1)(b)](#GS42AL@Gs1@Hpb@EN) , reasonable efforts are to be taken to have been made to serve the application on an offender to whom a home detention order relates if a copy of the application is, during the operational period of the order, left at the home detention premises in relation to the offender. > > > (3)  [*\[Section 42AL Subsection (3) substituted by No. 31 of 2023, s. 8, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-031#GS8@Hpa@EN) A court, a magistrate or a justice may issue a warrant to arrest an offender to whom a home detention order relates if the court, magistrate or justice believes on reasonable grounds that the offender has breached, is breaching, or is about to breach, a condition of the order. > > > (3A)  [*\[Section 42AL Subsection (3A) amended by No. 31 of 2023, s. 8, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-031#GS8@Hpb@EN) [*\[Section 42AL Subsection (3A) inserted by No. 19 of 2020, s. 8, Applied:22 Aug 2022\]*](/view/html/inforce/2022-08-22/act-2020-019#GS8@Hpa@EN) If an offender to whom a home detention order relates is arrested by a police officer under a warrant issued under [subsection (1)](#GS42AL@Gs1@EN) or [(3)](#GS42AL@Gs3@EN)  – > > > > > > (a) [*\[Section 42AL Subsection (3A) amended by No. 31 of 2023, s. 8, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-031#GS8@Hpc@EN) the police officer is, as soon as practicable, to bring the offender before a court, a justice or a magistrate; and > > > > > > > (b) [*\[Section 42AL Subsection (3A) amended by No. 31 of 2023, s. 8, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-031#GS8@Hpd@EN) the court, magistrate or justice may – > > > > > > > > > > (i) remand the offender in custody, or admit the offender to bail, to appear, at a time specified by the court, magistrate or justice, before a court so that the application under this Part or the breach of the condition of the home detention order, in relation to which the warrant was issued, may be dealt with; or > > > > > > > > > > > (ii) if the warrant was issued in respect of the breach of the home detention order, remand the offender in custody, or admit the offender to bail, and adjourn the proceedings to the court that made the order. > > > (4)  A police officer may arrest an offender to whom a home detention order relates if the police officer believes on reasonable grounds that the offender has breached, is breaching, or is about to breach, a condition of the order. > > > (5)  If an offender to whom a home detention order relates is arrested under [subsection (4)](#GS42AL@Gs4@EN)  – > > > > > > (a) [*\[Section 42AL Subsection (5) amended by No. 19 of 2020, s. 8, Applied:22 Aug 2022\]*](/view/html/inforce/2022-08-22/act-2020-019#GS8@Hpb@EN) as soon as practicable, the offender is – > > > > > > > > > > (i) if the order was made by the Supreme Court – to be brought before the Supreme Court; or > > > > > > > > > > > (ii) if the order was made by a court of petty sessions – to be brought before a justice or a magistrate – > > > > > > > > unless the offender is released by a police officer unconditionally; and > > > > > > > (b) [*\[Section 42AL Subsection (5) amended by No. 19 of 2020, s. 8, Applied:22 Aug 2022\]*](/view/html/inforce/2022-08-22/act-2020-019#GS8@Hpb@EN) a police officer may release the offender unconditionally; and > > > > > > > (c) despite [section 42AH(2)](#GS42AH@Gs2@EN) , an oral application may be made under [section 42AH(1)](#GS42AH@Gs1@EN) in relation to the offender; and > > > > > > > (d) [*\[Section 42AL Subsection (5) amended by No. 19 of 2020, s. 8, Applied:22 Aug 2022\]*](/view/html/inforce/2022-08-22/act-2020-019#GS8@Hpe@EN) [*\[Section 42AL Subsection (5) amended by No. 19 of 2020, s. 8, Applied:22 Aug 2022\]*](/view/html/inforce/2022-08-22/act-2020-019#GS8@Hpd@EN) [*\[Section 42AL Subsection (5) amended by No. 19 of 2020, s. 8, Applied:22 Aug 2022\]*](/view/html/inforce/2022-08-22/act-2020-019#GS8@Hpc@EN) a court, justice or magistrate before which the offender is brought may remand the offender in custody, or on bail, to appear before the court that made the order, at a time specified by the court, justice or magistrate, respectively, so that the application under [section 42AH(1)](#GS42AH@Gs1@EN) may be dealt with.