Warrants

A warrant is an official document that gives police (or someone else) the power to:

  • arrest you
  • search you, your vehicle or your home
  • take and temporarily keep your things found in a search
  • put you in jail.

Warrants can be used for criminal and non-criminal matters (e.g. if you owe money).

If you have been served a warrant, you should get legal advice.

When you need legal advice

Get legal advice if:

  • you have been served a warrant for failing to attend court or pay a State Penalties Enforcement Registry (SPER) fine
  • police want to search you, your vehicle or home
  • police take and temporarily keep things found during a search
  • you want to know more about a warrant issued against you
  • you have become aware a warrant will be served on you.

How to get legal advice

When a warrant is issued

In criminal law matters, the most likely reason a warrant will be served on you is:

  • if you failed to attend court as required
  • to search and seize property from your house, care, workplace etc.

If you were due to go to court and didn’t attend, the court might issue a warrant for your arrest and police can take you into custody.

If you were on bail at the time, you may have breached your bail conditions and can be charged with contempt of court for failing to appear—unless you can ‘show cause’ (a good reason) for why you didn’t show up.

If you’re convicted of the offence, the penalty is usually a fine. However, it could be a jail term if you’ve failed to appear in court previously.

You may also spend time in jail if you fail to pay the court fine on time —this is called being ‘in default’. The fine may be sent to SPER and if you don’t follow their payment arrangements, then a warrant may be issued to send you to jail for the period you were ‘in default’.

If you’re arrested for failing to appear, you will be brought before a court and need to convince the magistrate to extend your bail. This can be difficult when you have previously failed to appear. If you’re refused bail, you may be kept in custody until your court proceedings are finalised.

If police think someone is breaking the law where you live or work, they might apply for a warrant to search these places and seize items. Police officers don’t always need a warrant to search you, your vehicle or home—see Police searches.

Finding out about a warrant

You can find out if a warrant has been issued for your arrest by:

  • contacting the court where you were due to appear and asking if a warrant has been issued.
  • asking a lawyer to help you find out if there is a warrant to arrest —they can write to the Warrants Bureau to get more information.
  • going to your local police station to find out if there is a warrant for you — if a warrant has been issued, then you’ll probably be arrested on the spot and taken into custody.

If there’s a warrant for your arrest, get legal advice.

Interstate warrants can still apply in Queensland. See Extradition.

What to do when you receive a warrant

If you receive a warrant, make sure you:

  • Read the warrant.
  • Check it’s your name or address on the warrant.
  • Don't argue with police, because you can be charged with obstructing police.
  • Get legal advice.

How to get legal advice

We may give legal advice about warrants.

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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