Bail Act 1992

This section applies to a decision by a court in relation to bail for an accused person charged with a family violence offence or a serious offence.

The director of public prosecutions may apply to the Supreme Court for review of the decision if the director of public prosecutions considers that exceptional circumstances exist and that it is in the public interest to make the application.

An application must be made, and written notice of the application given to the accused person—

within 2 hours after the decision is made; or

if the decision is made between 4 pm on a day and 8 am the next day (day 2)—by 10 am on day 2 (whether or not it is a working day).

However, an application may only be made if the director of public prosecutions gives the court that made the decision oral notice of the proposed application immediately after the decision is made.

On giving notice under subsection (4), the operation of the decision is stayed until the first of the following happens:

the director of public prosecutions tells the court that made the decision that an application will not be made;

the period for making the application and giving written notice under subsection (3) has ended and the director of public prosecutions has not—

made an application; and

given written notice of the application to the accused person;

the Supreme Court makes a decision on the application;

48 hours have passed since notice was given under subsection (4) and the Supreme Court has not made a decision on the application.

In this section:

an offence that involves causing harm, or threatening to cause harm, to anyone, punishable by imprisonment for more than 10 years; or

an offence under the Criminal Code, chapter 3 (Theft, fraud, bribery and related offences), punishable by imprisonment for more than 10 years; or

an offence under the Criminal Code, part 4.1 (Property damage offences), punishable by imprisonment for more than 14 years; or

an offence under the Criminal Code, chapter 6 (Serious drug offences), punishable by imprisonment for more than 10 years.