Warrants
What is a warrant?
A warrant is an official document which gives the police (or sometimes somebody else) the power to do things like:
- arrest you
- search you, your car, where you live
- take and keep your things found in a search
- put you in jail.
Warrants can be used for criminal and non-criminal matters (for example if you owe someone money).
When can I expect there might be a warrant?
If you were supposed to go to court and you didn't go on the court date you were supposed to go, the court may order a warrant to arrest you.
If the magistrate fines you, he/she will usually give you time to pay but will also say you will spend time in jail if you do not pay in time. This is called 'in default'. If you do not pay the fine in time the fine will be sent to the State Penalties Enforcement Registry (SPER). If you do not make arrangements with SPER to pay and follow these arrangements then there may be a warrant to take you to jail for however long the magistrate said was 'in default'.
If the police think someone is breaking the law where you live or work they may get a warrant which lets them search places. This is called a search warrant. A search warrant is not always necessary.
How can I find out if there is a warrant?
You can ring/go to the court where you were supposed to go and ask if there is a warrant for your arrest.
The Warrants Bureau (Queensland Police Headquarters) has records of most warrants issued. A lawyer can find out if there is a warrant to arrest someone - get legal advice and ask the lawyer to write to the Warrants Bureau to find out.
You can go to your local police station, but if there is a warrant you will probably be arrested then and there.
If you find out there is a warrant for your arrest, you should talk to a lawyer and get legal advice as soon as possible so that you know the choices you can make. Remember that a warrant from interstate can apply in Queensland.
What do I do if the police come with a warrant?
- Read the warrant.
- Make sure that it is your name/your address on the warrant.
- Try not to argue with the police.
- Call a lawyer as soon as you can for legal advice.