QLD Bench Warrant and Assault Questions for Ex?

[MissWillow]

My ex-partner (and father of my kids) was living in Victoria in 2010. At the time, he was in a bad place mentally and drug dependent (cannabis). He ended up in an altercation with an off-duty police office after the man used force to try and take his keys off him because he parked illegally in a supermarket car park.

There was a scuffle between them both (as my ex tried to take back his keys) and the man ended up with minor head injuries. My ex was arrested and found with an ounce of marijuana on his person. They let him go and provided him with a court summons. He then left the state and it was transferred into a bench warrant.

My ex has since called the station where he was arrested and they explained there was a number of charges they were alleging including assault, however said that it was not an offence they would extradite him for. My ex is a permanent resident but is a New Zealand citizen. He has a number of drug and minor property damage charges from his youth but no other offences. I have a few questions;

1) I know that warrants don't expire, but is there a point that they get off radar - being 7 years, is that long enough for him to go to VIC without being flagged if he were to get pulled up while driving?

2) Being that he is an NZ citizen, would he have any issues travelling in or out of the country (through another state other than VIC)? Would they let him back in?

3) If he was to hand himself in to the courts in VIC, and given that he has no other charges since (other than a few speeding fines), how lenient would they be? Is there a good behaviour clause?

 

[Iamthelaw]

1) I know that warrants don't expire, but is there a point that they get off radar - being 7 years, is that long enough for him to go to VIC without being flagged if he were to get pulled up while driving?

Not sure what you mean by off the radar. The warrant doesn't expire, as you pointed out. If he were to get pulled over, it would likely show up and be acted upon.

2) Being that he is an NZ citizen, would he have any issues travelling in or out of the country (through another state other than VIC)? Would they let him back in?

Warrants are usually state wide. Generally speaking, in other states there shouldn't be much of an issue, if at all. However, if re-entering back into Australia, there could be issues.

3) If he was to hand himself in to the courts in VIC, and given that he has no other charges since (other than a few speeding fines), how lenient would they be? Is there a good behaviour clause?

This depends on a variety of factors, too many of which to list here. Although, if there's been no offences between then and now it would be a helpful factor in his favour.

 

[MissWillow]

Warrants are usually state wide. Generally speaking, in other states there shouldn't be much of an issue, if at all. However, if re-entering back into Australia, there could be issues.

There isn't an issue in other states but what i'm asking is would this sort of information be available to customs / border protection? Is there any registry for warrants and such? I understand that if a permanent resident gets a conviction worthy of a 12 month sentence they can be deported or refused entry back in. Would a warrant for an offence that could theoretically land him such a sentence prevent him from re-entering?

Obviously the right thing to do is go and deal with it which he wants to do. But to do that he needs to know where he stands legally and if he is going to be kicked out of the country where his 2 kids live. He also needs decent legal council due to the fact that the police officer was actually in the wrong at the time - being off duty and taking the vehicle keys from him with force.

 

[Tim W]

There isn't an issue in other states but what i'm asking is would this sort of information be available to customs / border protection?

Subject to a few ifs buts, and maybes, yes, that information can be available.

Would a warrant for an offence that could theoretically land him such a sentence prevent him from re-entering?

In fact, if he tries to leave the country with a warrant outstanding,
then they may not let him on the plane to leave in the first place.

Obviously the right thing to do is go and deal with it which he wants to do. But to do that he needs to know where he stands legally

Well then he needs case-specific legal advice from a lawyer of his own,
who will be across all the detail of his particular case.
Nothing you get here will be worth a pinch of anything by comparison to
properly considered, case-specific, formal legal advice.
Yes, this will cost money.
No, he may not get Legal Aid.

He also needs decent legal council

Indeed he does.

.... due to the fact that the police officer was actually in the wrong at the time - being off duty and taking the vehicle keys from him with force.

Don't bank on that being the correct legal position.
Constables' powers don't somehow magically vanish when they are off duty
in the way people sometimes seem to think.