Please be ready with your application reference number starting with 'P'. For example P1234567
If statutory authorities like the police receive a warrant bearing your name and details, the Police can be legally empowered to;
The Police can not do any of these unless the Court or the law empowers them through a warrant. The Court will usually issue a warrant where it is legally appropriate or relevant to settling a matter.
The Court does not issue a warrant lightly. The Magistrate will only issue a warrant with solid suspicion, indictment or evidence leading to personal or private property.
Disregarding, attacking, blocking or attempting any of these against an officer with a warrant is a criminal offence.
The type of warrant the court issues against you determines whether it appears on your Police Check or not.
An arrest warrant may appear on your criminal records and Police Check, especially if it is for an indictable crime.
Recall that a Warrant is a statement that gives an authorised statutory body permission to carry out any of the acts stated. It is not a definitive proof of guilt, so it is uncertain as to how all types of Warrants may appear on a Criminal record.
A warrant is not;
Therefore, nothing makes the Warrant itself a criminal finding or indictment.
An Arrest Warrant based on probable evidence for a Criminal Offence may show up on a criminal background check depending on the State or Territory's information release policies. Also, the Arrest Warrant may only show up after it has been executed by the police. Other types of Warrants (Bench Warrant, Civil Warrant, Search Warrant, etc.) will not show up on a national criminal history check.
It should be noted that although a Warrant may not necessarily show up on a police check, pending criminal charges before a Court do show up on a police check. Therefore, pending criminal charges that are associated with a Warrant will show up on a police check.
There are a few other types of Checks in Australia, although not as popular as the national criminal history check.
Some of these checks may reveal the details of a person's Court Warrants if they are related to criminal offences;
A Police Check will only disclose details of disclosable court orders in the person's criminal records. It means that infractions, community orders, tickets and civil warrants will not show in a Police Check since there was no court recording or hearing for a criminal offence.
Therefore, these are the kind of offences a person can expect on their national criminal history check certificate;
The Court warrant is a legal order that allows law operatives to embark on helpful duties for justice. Depending on the matter, the Warrant can be issued by a Registrar, Magistrate or Judge. The type of warrant may also allow the Police to;
Arrest the person
The Court may issue an arrest warrant where it is necessary to bring a person under custody. Keeping the person under custody may be to;
Enter a property
Where the Court receives an application that;
The Court may issue a warrant that permits the Police to enter the property.
Closure or seizure warrants
The Court can empower the Police to seize or close off a property if it is convinced by such applications. A place may be closed off for;
However, there are different types of arrest warrants the Court can issue. The kind of Warrant given can vary based on the stage of prosecution and court hearings. The factors that relate to the matter will determine if the arrest warrant is for;
The Magistrate will issue such warrants where the Police find it difficult to locate a person for their charge. The arrest warrant allows the Police to search and remand the person if they find them.
A pre-court arrest warrant will appear in a Police Check and Police records of the bearer. These warrants may empower the Police to use all means to investigate the whereabouts of the person.
A registrar or other authorised officer of the law can issue such warrants.
The Court will issue a warrant against a person if they fail to appear in Court for a hearing after they are formally charged. It also includes where the person has been unable to show up on any other hearing days issued by the Court.
These warrants can only be issued by a Magistrate or a Judge, depending on where the matter is heard.
However, these warrants preclude cases where the person is on bail and has a reasonable excuse not to appear.
It is common for a Magistrate to commit an offender on a more lenient bond or program instead of full sentencing. If the Court imposes any of these alternative orders, they will impose certain conditions which the offender must satisfy. Breaching or faulting any of the states in these orders will result in the Court issuing a warrant against you. Although the Court may issue a summon first before a warrant. Such warrants are either issued by the Magistrate or the Registrar.
An arrest warrant for a breach of a bond may count against you in Court for the offence hearing. The prosecutor may reference it as your tendency to disregard the law and the courts.
The Court will issue a warrant if it considers it necessary to bring a defendant to Court for a restriction order.
The Magistrate or Registrar may also issue that the person remains in custody for the duration of the hearing. Regarding the safety of the protected person, the Court can issue a warrant for the Police to arrest or remand a person.
The Magistrate or Judge may issue a warrant for a person to appear for a correction proceeding. If the Court is convinced that the person will not appear before the Court through a court summons, it will issue a court warrant.
The Police will arrest such persons (bearer of warrants) and remand them in custody until the court hearing.
The Court does not issue a warrant for every application or every matter before it. The Court must consider many factors, circumstances, costs, needs before issuing a warrant.
Issuing a warrant against a person can be costly for the State or Territory, especially where the person intentionally avoids the law. It means the State or Territory will direct judicial resources to implement the Warrant.
The Court will only issue a warrant;
When the Court completes the proceedings;
The implementation of the Warrant may allow the officer to;
Furthermore, an officer conducting a routine check on a person’s identity or records (Traffic records, DUI checks, tickets, and so on);
If the Police locate the bearer of the Warrant, depending on the conditions stated on the Warrant they will;
When the person (bearer of the Warrant) is before the Magistrate, they can apply for bail. The Court can decide to;
A court warrant can affect anyone seriously. It may influence further court decisions about you (especially in a criminal hearing). You may be barred from travelling or migrating from a place if you have a warrant in your records.
If you are an individual, you can obtain a national criminal record check certificate online via Australian National Character Check’s police check application form. The results are dispatched via email.
Business and Enterprise Customers
Business and Enterprise customers are able to sign up to ANCC’s business portal where they can order, manage, track and view candidates’ criminal history check results on their business portal. Organisations will undergo a process for approval prior to being granted access to ANCC’s business portal.
ANCC sends an invite to the applicant to complete their criminal record check online and handles the application and informed consent form. Contact ANCC’s business and enterprise partnerships team today to enquire about setting up a business portal for your organisation.
Judicial Commission of New South Wales (Warrants for arrest in criminal proceedings in the Local Court) - https://www.judcom.nsw.gov.au/publications/benchbks/local/warrants_for_arrest_in_criminal_preceedings.html
Legal Aid Queensland (Warrants) - https://www.legalaid.qld.gov.au/Find-legal-information/Criminal-justice/Police-and-your-rights/Warrants
Legal Services Commission of South Australia (Warrants) - https://lsc.sa.gov.au/dsh/print/ch07.php
Government of Western Australia, Department of Justice (Search Warrants) - https://www.justice.wa.gov.au/_files/cts/CTS-jp-factsheet-7-search-warrants.pdf
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