Powers specific to Local Court and authorised justices
64 Powers specific to Local Court and authorised justices
Note.
The Local Court includes—
the Children’s Court, and
the Drug Court (because of section 24 of the Drug Court Act 1998).
The Local Court may hear a release application or detention application in respect of a person—
brought or appearing before the Court and accused of an offence, or
not brought or appearing before the Court, if the person is an appellant under Part 3, 4 or 5 of the Crimes (Appeal and Review) Act 2001.
Subsection (1) (b) is subject to any exceptions provided for by the regulations.
The Local Court may hear a bail application for an offence if a bail decision for the offence has been made by a police officer.
The Local Court may hear a variation application for an offence if a bail decision has been made by a higher court.
Note.
Section 57 permits the Local Court to vary bail conditions imposed by a higher court only with the consent of the accused person and the prosecutor.
An authorised justice may hear a variation application for an offence if a bail decision has been made by a court and the variation application relates to bail conditions that are reviewable by a justice (within the meaning of section 52).
Note.
Section 52 limits the powers that can be exercised by an authorised justice when hearing a variation application in relation to a bail decision made by a court. See also sections 57 and 58.
This provision refers to the regulations (provided for by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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