Arrest of person granted bail
367 Arrest of person granted bail
This section applies if a person has been granted bail for an offence, whether or not the person was arrested for the offence.
It is lawful for a police officer to arrest the person, without warrant, if the police officer reasonably suspects—
the person has left the precincts of the court that granted bail without entering into an undertaking as required by the court; or
the person has left the precincts of the court without fulfilling any conditions the person must comply with before leaving the precincts of the court.
Also, it is lawful for a police officer to arrest the person, without warrant, if—
the police officer reasonably suspects—
the person is likely to contravene, is contravening, or has contravened—
the condition for the person’s appearance; or
another condition of the undertaking on which the person was granted bail; or
Notes—
1 For the matters a police officer must consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992, section 59A.
2 For the matters a police officer may consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992, section 59AA.
a surety for the person’s appearance is dead; or
for any reason, the security for the person’s appearance is no longer adequate; or
the person is likely to fail to appear before a court to answer a charge against the person for the offence; or
a surety has given to a police officer written notice stating the surety wishes to be relieved of the obligation of being a surety for the person because the surety believes the person is likely to contravene the condition for the person’s appearance; or
the police officer reasonably suspects the person is directly or indirectly harassing or interfering with a person who may be required to give evidence relating to the offence for which the person has been released on bail.
However, before arresting a child under subsection (3), a police officer must consider whether, in all the circumstances, it would be more appropriate for an application to be made under the Bail Act 1980 for a variation or revocation of the child’s bail.
Subsection (4) does not apply in relation to the arrest of a child under subsection (3)(a)(i) or (iv) or (c).
In this section—precincts of a court, means any land or building, or the part of any land or building, used for the purposes of the court.undertaking means an undertaking under the Bail Act 1980.
This Act’s bill:Explanatory memorandum
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