When it appears to a court that a person has breached a condition of bail, the court can issue a warrant for the person's arrest. These are known as warrants of apprehension.

First instance warrants

These are warrants of apprehension issued by a Magistrates Court when a defendant has failed to appear in court on the date stipulated on either a summons or a bail agreement. If such a warrant is issued it is advisable for a defendant to surrender at a police station and ask to be brought before a court for a fresh application for bail. Bail can be more difficult to obtain if there is a history of breaches and subsequent warrants. It may therefore be advisable that the defendant attends the police station with a guarantor who can be present in court for the bail application. The defendant should also bring any medical certificates or evidence that supports a legitimate reason for non-appearance.

Bench warrants

These are warrants of apprehension issued in a higher jurisdiction (District Court or Supreme Court).

They are issued because the defendant either failed to answer bail in that jurisdiction following committal of an indictable matter or failed to answer a summons to appear in relation to estreatment of bond proceedings.

Parole warrants

These are warrants issued by the Presiding or Deputy Presiding Member of the Parole Board of South Australia or a Magistrate.

These are issued where there are reasonable grounds to suspect that a person has breached a condition of parole [Correctional Services Act 1982 (SA) ss 76(1)(b), (2)(b)(i) and 76A(1)(a)]. The person is detained until they appear before the Parole Board [see ss 76(4) and 76A(2)].

The Parole Board and the Supreme Court may also issue an arrest warrant in respect of a person suspected of breaching a condition of an extended supervision order [Criminal Law (High Risk Offenders) Act 2015 (SA) s 15].

Interstate warrants

Courts in other Australian jurisdictions may issue warrants that are enforceable in South Australia. A person arrested on an interstate warrant usually has a right to apply for bail.

Consequences of arrest warrant

The Federal Government may cancel a person's social security payment, concession card, family assistance payments, or parental leave pay if the person is subject to an arrest warrant in respect of a serious violent or sexual offence and has not yet been arrested [see for example Social Security Act 1991 (Cth) s 38MA].

Serious violent or sexual offence is defined in s 395.2 of the Commonwealth Criminal Code as an offence against a Commonwealth, State or Territory law punishable by imprisonment for life or at least 7 years where the conduct constituting the offence involved death or a serious risk of death, serious personal injury or a serious risk of serious personal injury, sexual assault, or child abuse material.

Before cancelling a person's social security benefit, the Government must consider the threat the person poses to the community while they remain at large and the likely effect of the cancellation on any dependants.