New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 312

312 Persons arrested under bench warrants

(1) A Magistrate, an authorised officer or authorised justice 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 Magistrate, authorised officer or authorised justice 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 Magistrate, authorised officer or authorised justice, and

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

(2C) For the purpose of applying the Bail Act 2013 , an authorised officer has the same functions as an authorised justice under that Act.

(3) In this section--

"authorised justice" has the same meaning as in the Bail Act 2013 .

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