Actions Following Arrest

Introduction

This topic outlines the processes that occur after an offender has been arrested. Once an offender is arrested, police can hold them in custody until the next available court date.

Notification of arrest

When police arrest an offender on a warrant for a Department of Corrections matter, the police are required to notify the local CPPS office of the arrest and time of court appearance so the Department of Corrections, as prosecuting authority, is represented at court.

Note: If the CPPS office does not have the breach file, they should contact the CPPS office where the file is located to obtain a copy to enable prosecution of the breach.

Court attendance after arrest

The court appearance may not be on a scheduled court day or may be before a justice of the peace. It is possible that the probation officer attending court in these instances may not be the usual court front person.

It is important that any probation officer attending court in these circumstances is clear about:

• whether to seek a remand in custody or at large, or
• any bail conditions.

Reference: Volume 1, Part III, Chapter 3, District Court Bail Hearings, for guidelines about preparing for a bail hearing. (Please refer to the related links section on this page).