Record of bail decision and reasons
26 Record of bail decision and reasons
A bail record form shall be completed by an authorised officer or a justice if the officer or justice —
refuses to grant bail to an accused; or
grants bail to an accused in the circumstances referred to in clause 3 of Part B of Schedule 1; or
grants bail to an accused for an offence to which Schedule 1 Part C clause 3A or 3D applies; or
imposes any condition on a grant of bail and it appears to the officer or justice that the accused is dissatisfied with the condition.
Where a judicial officer, other than a justice —
refuses to grant bail to an accused; or
grants bail to an accused for an offence to which Schedule 1 Part C clause 3A, 3D, 3E, 3F or 3G applies; or
imposes any condition on a grant of bail and it appears to the judicial officer that the accused is dissatisfied with the condition,
a record of the decision and of the reasons for the decision must be made.
The accused, the prosecutor or an intending prosecutor shall be entitled, upon request, to be furnished with a copy of the bail record form or, where subsection (2) applies, of the record made.
For the purposes of this section —
references to a justice do not include a magistrate or a judge of the District Court or the Supreme Court or the Children’s Court who is a justice; and
a bail record form is an approved form designed to contain a summary of the matters relevant to the decision as to the bail of an accused, including those matters set out in Part C of Schedule 1, the decision made, and the reasons for the decision.
A bail record form, or the record of a decision and reasons for it, must not include information that is terrorist intelligence information.
[Section 26 inserted: No. 15 of 1988 s. 10; amended: No. 49 of 1988 s. 85; No. 45 of 1993 s. 12; No. 59 of 2004 s. 141; No. 84 of 2004 s. 82; No. 6 of 2008 s. 17 and 43(1); No. 21 of 2017 s. 6; No. 15 of 2019 s. 9; No. 30 of 2020 s. 43; No. 28 of 2024 s. 13.]
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