Bail Act 1982

A judge may, in accordance with this Act —

exercise a power to grant bail which is conferred upon any other judicial officer or any authorised officer by this Act; and

revoke or vary any bail previously granted by any other such officer; and

under section 7A dispense with the requirement for bail or revoke an existing dispensation.

Subject to subsection (2a), the jurisdiction of a judge under subsection (1) in respect of an appearance by an accused may be invoked by application made by either the prosecutor or the accused, and whether or not any other judicial officer has —

previously granted, refused or dispensed with bail; or

exercised any power conferred on him by section 55,

After the jurisdiction under subsection (1) has been invoked once by an accused in relation to an offence or group of offences for which he is required to appear, it may not be further invoked by that accused in relation to that offence or group of offences unless the accused satisfies a judge that —

new facts have been discovered, new circumstances have arisen or the circumstances have changed since the occasion when the jurisdiction was invoked; or

he failed to adequately present his case for bail on that occasion.

Where under subsection (1) a judge —

revokes the bail of an accused who is at liberty, he may order that the accused be returned to custody to await the appearance for which the bail was granted;

varies the bail of such an accused, he may order that the accused be returned to custody until he becomes entitled to be at liberty pursuant to section 11,

In this section —

references to a judge are references —

in the case of a child charged with an offence before the Children’s Court, to a judge of that Court; and

in the case of an accused committed for trial or sentence to the District Court, to a judge of that Court; and

in any other case, to a judge of the Supreme Court;

references to any other judicial officer —

in relation to the exercise of powers under this section by a judge, are references to any judicial officer whose jurisdiction is inferior to that of the judge; but

in relation to the exercise of powers under this section by a judge of the Supreme Court, do not include a judge of the Children’s Court or a judge of the District Court.