An arrest warrant is a big stick the police can use to grab someone they think has committed an offence. In Queensland a judge or magistrate issues an arrest warrant based on the evidence provided by the police or prosecution. Here’s everything you need to know about arrest warrants, when they’re issued, what’s in them and what your rights are if you’re subject to one.
Types of Warrants
In Queensland there are several types of warrants that can be issued by the courts. These are:
- Arrest Warrants: When someone is suspected of committing an offence and needs to be brought before the court.
- Bench Warrants: When someone doesn’t turn up to court as required.
- Search Warrants: Allow police to search premises for evidence of an offence. Executing search warrants involves a legal framework, where magistrates issue these warrants based on a police officer’s sworn information.
Each serves a different purpose but all have the same end goal of enforcing the law and getting people to comply with the legal process.
When Will a Court Issue an Arrest Warrant?
A court will issue an arrest warrant in the following circumstances:
- Failure to Appear: If you don’t turn up to court after being summonsed.
- Reasonable Suspicion: If there’s reasonable suspicion you’ve committed an offence.
- Evading Law Enforcement: If authorities think you’re avoiding arrest or can’t be found.
The Police Powers and Responsibilities Act 2000 governs the issue of arrest warrants in Queensland, so they’re only issued on reasonable grounds and with sufficient evidence.
Police Officer Powers
When arresting someone under a warrant police have the following powers in Queensland:
- Entry into Premises: Police can enter premises if they think you’re inside.
- Use of Force: Officers can use reasonable force if necessary to make the arrest.
- Detention and Questioning: Once arrested you can be questioned.
In some cases police can also arrest someone without a warrant if they witness an offence or have reasonable grounds to believe evidence will be destroyed or the suspect will flee.
What Happens After You’re Arrested?
After you’re arrested the following will happen:
- Detention and Processing: You’ll be taken into custody for processing. This includes taking your personal details, fingerprints and photographs.
- Rights During Detention: You have the right to remain silent and get legal advice.
- Bail: Depending on the offence you may be eligible for bail. Bail allows you to be released until your court appearance but often comes with conditions such as reporting to a police station or surrendering your passport.
If bail is refused you’ll be held in custody until your court appearance.
What to Do if You Have an Arrest Warrant
If you find out there’s a warrant out for you, act fast:
- Get Legal Advice: Contact a lawyer straight away for advice on what to do.
- Surrender Voluntarily: It’s usually better to surrender voluntarily rather than waiting for police to find you. This can sometimes work in your favour at bail.
- Don’t Evade: Evading an arrest can lead to more serious charges down the track.
Taking action now can help mitigate any negative effects of having a warrant.
Failure to Appear in Court
Failure to appear in court after being summonsed or released on bail can result in:
- A bench warrant for your immediate arrest.
- Additional charges for contempt of court.
- Fines or imprisonment depending on the circumstances.
Also failure to appear can affect future bail applications so you may be held in custody until your trial.
How to Check if There’s a Warrant Against You
If you think there might be a warrant for your arrest do:
- Contact Local Police: Go to or call your local police station and ask if there’s a warrant out for you.
- Check Court Registries: Contact local courts where charges may have been laid against you.
- Get Legal Advice: A lawyer can check if there’s a warrant and advise on what to do.
Don’t ignore this; knowing if there’s a warrant out for you allows you to take action before police act.
Your Rights When an Arrest Warrant is Executed or Without a Warrant
If police arrive with a warrant, you need to know your rights:
- Right to Remain Silent: You don’t have to answer questions beyond providing basic details (e.g. name and address).
- Right to Legal Advice: You have the right to contact a lawyer before answering any questions or making statements.
- Right to Be Treated Fairly: Police must treat you fairly during your arrest and can’t use excessive force unless necessary.
Remember these rights can help you in a stressful situation.
What is a Search Warrant?
A search warrant is an official document that grants police officers the authority to search a person, their property, or their vehicle for evidence related to a crime. This tool is vital in criminal investigations, enabling police to gather crucial evidence and build a case against suspects. Typically issued by a Justice of the Peace or a magistrate, a search warrant must be based on reasonable grounds that a crime has been or will be committed. This ensures that the search is justified and lawful, protecting individuals’ rights while allowing police to perform their duties effectively.
Obtaining a Search Warrant
To obtain a search warrant, a police officer must apply to a Justice of the Peace or a magistrate, presenting sworn information that outlines the grounds for the search. The officer must demonstrate reasonable grounds to believe that a crime has been or will be committed and that the search will uncover evidence of that crime. The application must detail the specific property or vehicle to be searched and the items the police are seeking. If the Justice of the Peace or magistrate is convinced that the grounds for the search are reasonable, they will issue the search warrant, authorising the police to proceed.
Searching Without a Warrant
In certain situations, police officers may conduct a search without a warrant. This can occur if the officer reasonably suspects that a crime is being or will be committed and that the search is necessary to prevent harm or protect the public. For instance, if a police officer reasonably suspects that an individual is carrying a weapon, knife, or explosive, they may search that person without a warrant. Similarly, if an officer reasonably suspects that a vehicle is involved in a crime, such as vehicle theft or administration of stolen or tainted property, they may search the vehicle without a warrant. These provisions ensure that police can act swiftly in urgent situations while still adhering to legal standards.
The Search Process
When executing a search warrant, police officers must adhere to strict procedures to ensure the search is conducted lawfully and respectfully. The officer must identify themselves and present the search warrant, explaining the purpose of the search to the occupant of the property or the driver of the vehicle. They must take care to minimise damage to the property or vehicle and ensure that any items seized are properly recorded and stored. If a police officer is searching a person, they must do so in a manner that is respectful and minimises embarrassment or discomfort. These procedures help maintain the integrity of the search process and protect individuals’ rights.
Key Takeaways
- There are 3 types of warrants in Queensland—arrest warrants, bench warrants and search warrants—each for different reasons.
- A court can issue an arrest warrant if there’s reasonable suspicion a person has committed an offence or failed to appear in court.
- An arrest warrant must have the person’s name, offence details and conditions (if any).
- Police have powers during an arrest but must stay within the law.
- If arrested, know your rights—stay silent and get legal advice.
- Failure to appear in court can result in extra penalties—fines or imprisonment.
- If there is a warrant out for your arrest, acting quickly by seeking legal advice and surrendering voluntarily is often the best course of action.
