Powers of courts and authorised justices to hear bail applications
48 Powers of courts and authorised justices to hear bail applications
A court or authorised justice may make or vary a bail decision, in the manner provided for by this Division, after hearing a bail application.
Note.
There are 3 types of bail application—
a release application (which can be made by the accused person), or
a detention application (which can be made by the prosecutor), or
a variation application (which can be made by any interested person).
A bail application can be made to, and heard by, a court or authorised justice only if the court or authorised justice has power to hear the application.
A court or authorised justice has power to hear a bail application in the circumstances specified in Part 6.
Note.
In general, a court has power to hear a bail application if—
proceedings for the offence are pending in the court, or
proceedings on an appeal against a conviction or sentence of the court are pending in another court and the accused person has not made a first appearance before the other court, or
the bail decision to be varied was made by the court.
However, additional powers, and restrictions on powers, also apply under Part 6.
This Act’s bill:Explanatory memorandumSecond reading speech
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