If there’s a warrant for your arrest in NSW, you don’t have to wait to be picked up at home or at work. In many cases I can arrange to bring you before the Court in a controlled way, apply to have the warrant revoked or withdrawn, and deal with the underlying matter properly.
In the Local Court, warrants are usually issued when someone doesn’t turn up to a listed matter, breaches certain orders, or needs to be brought back before the Court for sentencing or correction of an error. The Criminal Procedure Act 1986 (NSW) allows magistrates to issue warrants and, importantly, to revoke warrants issued by other magistrates, although not those issued by a judge.(Judicial Commission of NSW)
The Local Court Bench Book suggests that warrants should not normally be issued for fine‑only matters and emphasises that the Court still has a discretion – it isn’t automatic.(Judicial Commission of NSW)
Types of warrants you’ll commonly see
- Warrant for arrest (fail to appear) – where you’ve missed a Court date.
- Sentencing / correction warrant – for example, when a matter must be re‑opened because a sentence is contrary to law and you need to be brought back to Court.
- Witness warrant – where a subpoenaed witness has failed to attend and the Court issues a warrant to bring them.
What I can do about an outstanding warrant
In most cases, the safest move is not to wait for Police to arrest you unexpectedly. I can:
- Check what the warrant is for and which Court issued it.
- Organise a surrender date so you attend Court in a planned way.
- File an application asking the Court to revoke or withdraw the warrant, explain any fail‑to‑appear issues (for example, illness, notice problems or genuine misunderstanding), and put forward a plan so you don’t miss again.(Judicial Commission of NSW)
Where the warrant was issued only because of a technical error or a sentencing issue (for example, the wrong penalty was imposed and the matter needs to be re‑opened under s 43), I can point the magistrate to the error and seek to have you dealt with without going into custody.
Why acting early matters
If you act before Police execute the warrant:
- You’re more likely to come before the Court looking organised, not like someone avoiding the system.
- I can usually give the Court enough information to justify revoking the warrant and putting you on bail or releasing you there and then.
- You avoid being picked up at work, in front of family, or on a random roadside stop.
If you suspect there’s a warrant out for you, don’t ignore it. Get in touch through www.spice.law and I can check the situation and map a plan that protects your liberty.
