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s 16A

Person arrested in urban area, restrictions on who can grant bail for in some cases

In force
Part IIIJurisdiction relating to bail

16A Person arrested in urban area, restrictions on who can grant bail for in some cases

(1)

Where this section applies to a person who has been arrested for an offence jurisdiction does not arise under section 13 until the person is brought before —

(a)

a court constituted by or so as to include a magistrate; or

(b)

where section 15 applies, a judge of the Supreme Court or a judge of the Children’s Court as the case may require.

(2)

This section applies where —

(a)

a person has been arrested in an urban area for a serious offence; and

(b)

the serious offence is alleged to have been committed while the accused was —

(i)

on bail for; or

(ii)

at liberty under an early release order made in respect of,

another serious offence.

[(3) deleted.]

(4)

In this section —

urban area means —

(a)

the metropolitan region as defined in the Planning and Development Act 2005 and any prescribed area that adjoins that region; and

(b)

any other prescribed area of the State, being the whole or part of, or an area adjoining, a local government district under the Local Government Act 1995 that is designated under that Act as a city or a town.

[Section 16A inserted: No. 54 of 1998 s. 6(1); amended: No. 38 of 2004 s. 59; No. 84 of 2004 s. 82; No. 38 of 2005 s. 15; No. 49 of 2016 s. 88; No. 13 of 2020 s. 23.]

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