Warrant of Apprehension of Person Released under Section 11A (Form 25)

Section 11A of the Bail Act 1980 (Qld) lets a police officer or court release a person charged with an offence without bail where the person is, or appears to be, a person with an impairment of the mind who does not understand an undertaking, and would otherwise be granted bail. The person is released into the care of someone who ordinarily cares for them or with whom they live, or allowed to go at large, on condition they surrender into the custody of the stated court at the time and place in the release notice (ss 11A, 11B). If they do not surrender, the court may issue a warrant for their apprehension directing that they be brought before the court, and they are not liable to any other penalty for the failure (s 28C(1)). Form 25 is the approved form of that warrant. It must name or describe the person, the court, the time and place for surrender, state that the person failed to surrender, and order police to apprehend the person and bring them before the court (s 28C(2)).

When you need it

• It is a court document. A judge or magistrate issues it after a person released under section 11A fails to surrender at the time and place in their release notice.
• Carers, family members and lawyers may see it if the person they support missed a court date after a section 11A release.
• Not for ordinary bail. Other Bail Act forms cover warrants for defendants on bail.

1. 1

   Identify the court and the proceeding

   State the court and place, and the name of the accused. The current form, Version 1 dated 15 November 2000, still reads 'The Queen against' the accused.

2. 2

   Identify the defendant

   Insert the defendant's name, address, date of birth and the offence or charge details (s 28C(2)(a)).

3. 3

   Record the condition and the failure

   State that the defendant was released under section 11A on condition of surrendering into the custody of the named court at the stated place, date and time, and failed to surrender at that time and place (s 28C(2)(c)-(d)).

4. 4

   Order and signature

   The warrant is addressed to all police officers in Queensland and orders them to apprehend the defendant and bring them before the court to be dealt with according to law (s 28C(2)(e)). It is signed by the judge or magistrate, with the date and place.

• The warrant is issued by the court and directed to all police officers in Queensland. Parties do not file it.
• Police execute the warrant by apprehending the person and bringing them before the court.
• The court may withdraw and cancel the warrant if the person surrenders into the court's custody as soon as practicable after the stated time and the court is given a satisfactory explanation for the failure (s 28C(3)).

• If a person you care for has missed their surrender date, help them attend the court as soon as practicable and be ready to explain why they could not attend. That is what the court considers when deciding whether to cancel the warrant (s 28C(3)).
• The release notice given under section 11B must warn that a warrant will be issued if the person fails to surrender, and a copy goes to the carer if the person was released into someone's care (s 11B(3)-(4)).
• When the person surrenders, the court may release them again under section 11A (s 11A(4)).