Bail Act 1992

This section applies if, at any time—

an accused person appears before a court to answer a summons; and

the person is not already in custody; and

either—

the person was served with the summons while serving a sentence of imprisonment; or

the court is satisfied, on fresh evidence or information that was unavailable when the person was served, that a relevant risk applies in the proceeding; and

the court adjourns or postpones the hearing of the proceeding begun by the summons.

The accused person is, on appearing before the court, taken to be in the custody of the court but only for the purpose of—

making an order granting bail to the person; and

applying provisions under this Act in relation to the grant of bail.

Examples—provisions in relation to the grant of bail

 s 24 (Conditions of bail)

 s 28 (Undertakings to appear)

In this section:

appears includes appears by audio link or audiovisual link.

audio link—see the Evidence (Miscellaneous Provisions) Act 1991, section 16 (1).

audiovisual link—see the Evidence (Miscellaneous Provisions) Act 1991, dictionary.

relevant risk, in a proceeding, means a substantial risk the accused person in the proceeding will—

fail to appear in court in relation to the offence; or

commit another offence; or

interfere with evidence in the proceeding; or

harass or interfere with a person who may be required to give evidence in the proceeding in relation to the offence.

summons includes a court attendance notice under the Magistrates Court Act 1930, section 41B.