The following information clarifies the validity of warrants
Note: It is recognised that a stamped signature is a legally binding signature and it is lawful for the signature stamp to be applied by the signing party themselves, or by any person authorised by the signing party to do so. This law applies to Judge's signatures and any Court staff authorised by the Judge to use their signature stamp.
The Department of Corrections is therefore legally bound to accept a warrant of commitment or a committal order signed using a Judge's signature stamp. However, staff have the right to question the administrative arrangements surrounding the use of a Judge's signature stamp, particularly the authority for any person applying that stamp if it is not applied by the Judge whose signature stamp it is.
Warrant of Commitment for Imprisonment
- A prisoner is not accepted on a warrant of commitment for imprisonment unless:
- the warrant is addressed to a Prison Manager and the following entries are completed:
- CRN
- Name
- SCD
- DOB
- Court of Origin
- Correct Offence – referred to by full Crimes Act section or equivalent
- Sentence and
- the warrant is dated and signed by hand by the proper authority, and
- the identity of the person corresponds to that on the warrant and
- the warrant is the original.
- The following entries, while not being a reason for not accepting the prisoner, should also be on the warrant:
- PRN / DNO
- Address
- Occupation
If one of these entries is not on the warrant, the information is obtained from the court of origin.
Warrant of Commitment on adjournment SP11
- A prisoner is not accepted on a warrant of commitment on adjournment (SP11) unless:
- the warrant is addressed to a Prison Manager and the following entries are completed:
- CRN
- Name
- DOB
- Correct offence - referred to by full Crimes Act section or equivalent
- Date, time and location of next court appearance
- Court of origin and date and
- the warrant has been signed by hand or signature stamp by a judge or a JP, and
- the identity of the person corresponds to that on the warrant, and
- the warrant is the original.
- The following entries, while not being a reason for not accepting the prisoner, should also be on the warrant:
- PRN / DNO
- Address
- Occupation
If one of these entries is not on the warrant, the information is obtained from the court of origin.
Warrant of Commitment of defendant committed for trial or for sentence - SP43
- A prisoner is not accepted on a Warrant of Commitment of defendant committed for trial or for sentence SP43 unless:
- the warrant is addressed to a Prison Manager and the following entries are completed:
- CRN
- Name
- Correct offence - referred to by full Crimes Act section or equivalent
- Court of origin and date and
- the warrant has been signed by hand or signature stamp by a judge or a JP, and
- the identity of the person corresponds to that on the warrant, and
- the warrant is the original.
- Clarification of whether the prisoner is committed for trial or sentence, while not being a reason for not accepting the prisoner, should also be on the warrant. If the information is not present then it is obtained from the court of origin.
Warrant of Commitment where default in payment of fine - SP28
- A prisoner is not accepted on a Warrant of Commitment where default in payment of fine SP28 unless:
- the warrant is addressed to a Prison Manager and the following entries are completed:
- FCN
- Name
- DOB
- Amount of outstanding fine and / or sentence
- Court of origin and date, and
- the warrant is executed in writing (signed, dated and number) in front of the prisoner by constable or bailiff, and
- the warrant is not cumulative on another Warrant of Commitment where default in payment of fine, and
- the warrant has been signed by hand or signature stamp by a judge or a JP, and
- the identity of the person corresponds to that on the warrant, and
- the warrant is the original.
- The following entries, while not being a reason for not accepting the prisoner, should also be on the warrant:
- Address
- Occupation
If the information is not present, it is obtained from the court of origin.
Registrar’s Certificates
- A Registrar’s Certificate (signed by a Registrar or a Deputy Registrar) is sometimes issued pending the issuing of a Warrant (either a Warrant of Commitment on Adjournment of a Warrant of Commitment for Imprisonment).
- Registrar’s Certificates are issued in situations where a Warrant cannot be issued (usually because the Judge concerned is not available to sign the warrant). Receiving Officers should ensure that when a Registrar’s Certificate is received, a warrant is obtained from the court promptly.
- A Registrar’s certificate amounts to a valid committal order as referred to in Section 37 of the Corrections Act 2004. However, a Registrar’s Certificate is not to be treated as a permanent replacement for a Warrant and Receiving Officers must ensure that when a Registrar’s Certificate is received, that a Warrant is obtained promptly from the Court concerned.
Faxed / E-mailed (PDF) Warrants or Bail Bonds
Procedure
- Faxed / E-mailed warrants must be confirmed with the relevant Court if the original warrant is not received on the same day as the prisoner is received. Confirmation is to be by way of direct contact (telephone call, followed by faxed verification or by printing sender's e-mail from the Court as a hard copy reference).
- Verification from the Court must include the following:-
- Name
- DOB
- PRN / DNO
- SCD
- Sentence
- CRN's
- Correct offence - referred to by full Crimes Act section or equivalent.
The name and position of the Court personnel providing verification must be recorded on the faxed / e-mailed warrant and signed by the Receiving Officer who obtained verification. (For e-mailed warrants the sender's e-mail should be printed and attached to the PDF warrant).
- Bail Bonds must be confirmed with the relevant Court by direct contact (telephone call, followed by faxed verification from the Court as a hard copy reference).
- Verification of bail bonds from the Court must include the following:-
- Name
- CRN(s) - where CRN's do not match exactly, the Court is asked to resolve as quickly as possible and advise the prison by fax or e-mail.
- Type of bail bond
- Where bail is dependent upon surety the Court is required to supply relevant documentation to the prison prior to the prisoner being released, confirming that all provisions have been met.
The name and position of the Court personnel providing verification must be recorded on the faxed Bail Bond and signed by the Receiving Officer who obtained verification.
- Receiving Offices are required to have systems in place that will provide assurance that checks have been carried out to cover the following:-
- Sentence calculations are correct and Judges Sentencing Notes have been checked against warrants to confirm that the sentence length is reflected in the Sentencing Notes.
- Any discrepancies between warrants and Judges Sentencing Notes are reported to the relevant Court and a replacement warrant is issued if applicable.
- OWN reports are checked on a daily basis to identify and check any errors or discrepancies in Courts Interface system.
- Criminal Traffic History and CARS reports are also checked to ensure that information matches the sentence on the warrant(s).
