Power of Magistrates Court to review—decision of Magistrates Court
42A Power of Magistrates Court to review—decision of Magistrates Court
The Magistrates Court may, on application under this division (other than under section 44 (Right of review of bail decisions—prosecution)), review any decision of the court (however constituted) in relation to bail for an accused person, only if—
the court has power to make a bail order under section 20 (1) (a) (Power in relation to bail—Magistrates Court); and
the court is satisfied that the applicant has shown—
a change in circumstances relevant to the granting of bail since the court’s decision; or
the availability of fresh evidence or information relevant to the granting of bail to the accused person that was unavailable when the court made the decision; and
for an application made by the accused person—the person has made 2 applications for bail in the Magistrates Court in the proceeding to which the bail relates.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.