Bail Act 2013

Unless section 77A applies, a police officer who believes, on reasonable grounds, that a person has failed to comply with, or is about to fail to comply with, a bail acknowledgment or a bail condition, may—

decide to take no action in respect of the failure or threatened failure, or

issue a warning to the person, or

issue a notice to the person (an application notice) that requires the person to appear before a court or authorised justice, or

issue a court attendance notice to the person (if the police officer believes the failure is an offence), or

arrest the person, without warrant, and take the person as soon as practicable before a court, or

apply to an authorised justice for a warrant to arrest the person.

However, if a police officer arrests a person, without warrant, because of a failure or threatened failure to comply with a bail acknowledgment or a bail condition, the police officer may decide to discontinue the arrest and release the person (with or without issuing a warning or notice).

The following matters are to be considered by a police officer in deciding whether to take action, and what action to take (but do not limit the matters that can be considered)—

the relative seriousness or triviality of the failure or threatened failure,

whether the person has a reasonable excuse for the failure or threatened failure,

the personal attributes and circumstances of the person, to the extent known to the police officer,

whether an alternative course of action to arrest is appropriate in the circumstances.

An authorised justice may, on application by a police officer under this section, issue a warrant to apprehend a person granted bail and bring the person before a court.

If a warrant for the arrest of a person is issued under this Act or any other Act or law, a police officer must, despite subsection (1), deal with the person in accordance with the warrant.

The regulations may make further provision for application notices.