297ARe-execution of apprehension warrants

1

This section applies where a person has been apprehended under a warrant (the “original warrant”) granted under this Act in relation to any proceedings.

2

If the person absconds, the person may be re-apprehended under the original warrant (and as if that warrant had not been executed to any extent).

3

If, for any reason, it is not practicable to bring the person before the court as required under a provision of this Act applying in the case, the person is to be brought before the court as soon as practicable after the relevant reason ceases to prevail.

4

Despite subsection (3) above, if—

a

the original warrant was granted in solemn proceedings; and

b

the impracticability arises because the person needs medical treatment or care,

the person may be released.

5

A person released under subsection (4) above may be re-apprehended under the original warrant (and as if that warrant had not been executed to any extent).

6

Subsection (3) above does not affect the operation of section 22(1B) of this Act (which relates to liberation on an undertaking of persons apprehended under warrant granted in summary proceedings).

7

Nothing in this section prevents a court from granting a fresh warrant for the apprehension of the person.

8

Subject to this section are—

a

any rule of law as to bringing a person before a court in pursuance of a warrant granted on petition (as referred to in section 34 of this Act);

b

section 102A(10) of this Act;

c

section 135(3) (including as applying in relation to sections 22(1B) and 156) of this Act;

d

section 90A(9) of this Act.