Bench Warrant – Solicitor Required

If a person has received a bench warrant, this is a Court Order requiring the attendance of an accused person in court within the court district area where the offence is stated to having being committed, or If the accused resides within a Judge’s district.

As it’s an Order made by a Judge in court ie from the bench it’s termed a bench warrant.

A Judge may issue a bench warrant if an accused person does not appear in court on service of a summons, if the accused has absconded, or might abscond, or if the accused has not appeared in court after release on bail or remand.

If a summons has been served on an accused and the person does not appear in court at the appointed time, it must be then proved to the Judge that the summons was served.

Committal Warrant

If an individual has been sentenced with the penalty of imprisonment, a committal order requiring the person is committed to prison for a period of time can be made.

If a person has been convicted of an offence for the payment of a penal sum, which has not been paid, the court can issue a warrant of committal to prison for the non-payment. The order will state the time for the payment of the sum, and a committal warrant can only issue within six months from the expiration of time in the original order.

If the warrant does not give the time within which it must be executed, it should be done within a reasonable time such as in 6 months.

Disclaimer 

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

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