New Zealand Legislation: Acts

20B Issue of warrant to arrest appellant absconding or breaching bail condition

• (1) A Judge may issue a warrant in the prescribed form for the arrest of an appellant who has been released on bail under section 20A if—

  • (a) the Judge is satisfied by evidence on oath that—

    • (i) the appellant has absconded or is about to abscond for the purpose of evading justice; or

    • (ii) the appellant has contravened or failed to comply with any condition of bail; or

  • (b) the appellant does not attend personally at the time and place specified in the grant of bail.

  (2) The warrant—

  • (a) must be directed to every provost officer and every constable; and

  • (b) may be executed by—

    • (i) a provost officer:

    • (ii) a person lawfully exercising authority under or on behalf of a provost officer:

    • (iii) a constable.

  (3) For the purpose of executing the warrant, a person referred to in subsection (2)(b) may, at any time, enter on to any premises, by force if necessary, if he or she has reasonable grounds to believe that the appellant against whom it is issued is on those premises.

  (4) The person executing the warrant—

  • (a) must have the warrant with him or her; and

  • (b) must produce it on initial entry and, if requested, at any subsequent time; and

  • (c) must, if he or she is not in uniform, produce evidence that he or she is one of the persons referred to in subsection (2)(b).

  Section 20B: inserted, on 1 July 2009, by section 27 of the Court Martial Appeals Amendment Act 2007 (2007 No 99).