Arrest Warrant

This file was last updated 11 August, 2019 10:44

Introduction

  1. An arrest warrant is generally in a prescribed form and consists of two parts:
    1. the complaint - information required to substantiate the issue of the warrant; and
    2. the warrant - details of the person to be arrested and the date/time and place for the court hearing.
  2. An arrest warrant is issued to bring a person to court when a summons would be unlikely to have the desired result. This could be when:
    1. it is reasonable to believe that the person will not voluntarily surrender themselves into the custody of the court; or
    2. the police are unable to find them to serve the summons; or
    3. it is considered that the defendant could harm someone (including themselves) if not placed into custody immediately.
  3. If you believe that an arrest warrant is not justified and that a summons will be sufficient to get the defendant before a court, you should issue a summons.
  4. Most warrants are issued when there has been an indictable offence, as a simple offence may be dealt with without the defendant being present. You may issue a warrant for a simple offence only if the Act under which the offence is created authorises the arrest of the offender, with or without an arrest warrant.
  5. You should always ask to be shown the part of the Act that authorises the issue of a warrant before you do so.

    6. Police Powers and Responsibilities Act 2000

  6. s370(1) a police officer may apply to a justice for a warrant to arrest a person for an offence ('arrest warrant').
  7. s370(3) the application must be sworn and state the grounds on which the warrant is sought.
  8. s370(5) the justice may refuse to consider the application until the police office gives the justice all the information the justice requires about the application in the way the justice requires.
  9. s371 the justice may issue an arrest warrant only if satisfied there are reasonable grounds for suspecting-
    1. that the person has committed the offence; and
    2. [that] for an offence other than an indictable offence, proceedings by way of complaint and summons attendance, attendance notice or notice to appear for the offence would be ineffective.
  10. s 372 states:
    1. An arrest warrant must state the following-
      1. the name of the applicant for the warrant and the applicant's rank, registered number and station;
      2. that any police officer may arrest the person named in the warrant;
      3. the offence the person is alleged to have committed.
    2. It is sufficient to describe an offence in the words of the law defining it, or in similar words.
    3. A description of persons or things that would be sufficient in an indictment is sufficient for an arrest warrant.

    Preliminary

  11. Before you issue a warrant you must be satisfied that:
    1. an offence has occured within Queensland;
    2. the offence exists within Queensland law; and
    3. all elements of the offence are included in the complaint.

    Steps - issue of an arrest warrant

  12. To issue an arrest warrant:
    1. Identify the complainant.
    2. Immediately place the complainant on oath or affirmation using the following format as appropriate:

      3. I SWEAR THAT THE CONTENTS OF THIS DOCUMENT, AND ANY OTHER INFORMATION I MAY SUPPLY, ORALLY OR IN WRITING, ARE TRUE AND CORRECT, SO HELP ME GOD.

      or

      I SOLEMNLY, SINCERELY AND TRULY AFFIRM AND DECLARE, THAT THE CONTENTS OF THIS DOCUMENT, AND ANY FURTHER INFORMATION I MAY PROVIDE, ORALLY OR IN WRITING ARE TRUE AND CORRECT.

    3. Check there are two copies of the complaint. The original is to be filed with the court by the police and the warrant will be shown to the defendant during the arrest. The duplicate is to be given to the JP(Qual).
    4. Read the complaint to check that includes:
      1. the full name, rank, registered number and station of the complainant;
      2. the full name of the offence and the legislation that creates it;
      3. the name, date of birth, occupation and address of the person named in the warrant; and
      4. one offence only, unless all the offences are related or are part of the same incident, and each offence is covered in a separate paragraph.
    5. Ask the complainant any questions that are needed to clarify what offence is involved and what evidence there is that the defendant is implicated. Keep a record of the information provided under oath in case you need it later.
    6. If you decided to refuse to issue the warrant you should cross out the complaint and note your reasons on the form. you should then inform the officer in charge of the station where the complainant is stationed.
    7. Once you are satisfied that the warrant is justified, have the complainant sign the complaint. Remind them that they are under oath.
    8. Witness the complainant's signature on the complaint by signing it, affixing your seal of office and entering your registration number.
    9. Ensure the complainant gives you a copy of the complaint. Keep it in a secure place.
    10. Sign the warrant, affix your seal of office and enter your registration number - this is a mandatory requirement of the Justices of the Peace and Commissioners for Declaration Act 1991.
    11. Enter the details in your logbook, including:
      1. date and time the document was witnessed;
      2. type of warrant;
      3. type of identification sighted;
      4. location of signing; and
      5. questions you asked and the answers given.

    References

    1. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - June 2017, Section 5.5
    2. Justices Act (Queensland) 1886
    3. Police Powers and Responsibilities Act 2000 (Queensland)
    4. Justices of the Peace and Commissioners for Declaration Act 1991 (Queensland)
    5. Technical Bulletins as noted above