Bail Regulation 2021

The following persons are prescribed as appropriate officers under the Act, section 95(2)(f) in relation to the bail acknowledgment functions of a bail authority—

if the bail decision is made by a court—an officer of the Department of Communities and Justice who is—

employed in a court registry, or

authorised by the Attorney General for the purposes of this section,

if the bail decision is made by a police officer with power to grant bail—a police officer.

The following functions are the bail acknowledgment functions of a bail authority—

the function of giving an accused person a bail acknowledgment or another notice required to be given by the bail authority,

the function of accepting a signed bail acknowledgment from the accused person.

This section does not permit a police officer who does not have power to grant bail to exercise a function of deciding whether a person or security is acceptable under the Act, section 26(4) or 27(3).

Accordingly, if a decision referred to in subsection (3) has to be made by the police officer to whom a bail acknowledgment is given, the function of accepting the signed bail acknowledgment, and making the decision, must be exercised by a police officer with power to grant bail.