News · Criminal law explainer
What is a bench warrant in NSW?
Missing a court date, or a warrant being issued, is more common than people think, and it is fixable. A bench warrant is a court order for a person's arrest. This note explains what triggers a warrant in New South Wales, what happens when it is executed, and how to have it dealt with.
By Aaron Kernaghan · Published 3 September 2026
A bench warrant is an order made by a court for a person to be arrested and brought before it, most often issued when a person fails to appear in court when required. If a warrant is out for you, you can be arrested at any time. The usual step is to get advice quickly and, where possible, arrange to have the warrant dealt with rather than waiting to be picked up.
What is a bench warrant?
A bench warrant is an order made by a magistrate or judge, from the bench, directing that a person be arrested and brought before the court. It is a tool the court uses to secure a person's attendance when other steps have not worked.
It is different from a search warrant, which authorises a search of a place. A bench warrant is about a person and their attendance at court.
What triggers a bench warrant?
The most common trigger is failing to appear in court when required, whether the person forgot, did not receive the notice, or chose not to attend. A warrant can also issue where a person breaches a condition that requires attendance, or does not comply with an order to appear.
A warrant is not always the first response to a missed date. A court may adjourn and give another chance, particularly where there is a good reason for the absence, but it can issue a warrant, and often does for repeated non-attendance.
What happens when a warrant is out for you?
While a warrant is outstanding, you can be arrested at any time, including at a routine traffic stop or at your home. Once arrested, you are brought before the court, which then deals with the warrant and the underlying matter, and considers bail.
Being arrested on a warrant is a worse position than dealing with it voluntarily. It can also affect bail and the way the court views the matter.
How do you have a warrant dealt with?
The better course is usually to be proactive. A lawyer can often arrange to have the matter relisted so you can appear and ask the court to withdraw or execute the warrant in court, rather than waiting to be arrested. Where the absence had a good explanation, that can be put to the court.
If a decision was made in your absence, you may also be able to apply for an annulment so the matter can be reheard with you present.
What should you do if there is a warrant for you?
Get advice quickly. Do not ignore it, because it does not go away and the risk of arrest continues. A lawyer can advise on the best way to bring the matter back before the court and can appear with you.
Acting promptly, with a clear explanation for any absence, gives the best chance of a good outcome on both the warrant and the underlying charge. Our note on the offence of failing to appear explains the related consequences.
Frequently asked.
What is a bench warrant in NSW?
An order made by a court for a person to be arrested and brought before it, most often issued when a person fails to appear in court when required.
What happens if there is a warrant for my arrest?
You can be arrested at any time, including at a traffic stop or your home. Once arrested you are brought before the court, which deals with the warrant and the underlying matter and considers bail.
Will I go to jail for a bench warrant?
Not necessarily. The court deals with the warrant and considers bail. Dealing with the warrant voluntarily, with a good explanation for any absence, is a better position than being arrested on it.
Can I get a bench warrant lifted?
Often, yes. A lawyer can arrange to have the matter relisted so you can appear and ask the court to deal with the warrant, rather than waiting to be arrested. Where you were dealt with in your absence, an annulment may also be available.
What should I do if a warrant is out for me?
Get advice quickly and do not ignore it. It does not expire, and the risk of arrest continues. A lawyer can advise on the best way to bring the matter back before the court.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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