Different time and place for appearance, substituting
31 Different time and place for appearance, substituting
A different time or a different time and place may be substituted in accordance with this section for the time and place for appearance specified, or deemed by this section to be specified, in a bail undertaking.
A different time, or a different time and place, for the appearance by the accused may be substituted as mentioned in subsection (1) —
upon an adjournment of proceedings at which the accused is present, by the judicial officer, if he has power to grant bail for that appearance, fixing a time and place for the resumed proceedings and notifying the accused orally thereof;
upon an adjournment of proceedings from which the accused is absent for reasonable cause, by the judicial officer, if he has power to grant bail for that appearance, fixing a time and place for the resumed proceedings and directing the registrar of the court to cause written notice of the time and place to be given to the accused;
where —
a judge of the Supreme Court or a judge of the Children’s Court has granted bail to an accused under section 15; and
a judicial officer, other than such a judge, has committed the accused to the Supreme Court,
by a judge of the Supreme Court or a judge of the Children’s Court, as the case may require, notifying the accused orally, or directing the registrar of the court to cause written notice to be given to the accused of the time or time and place for the proceedings;
where —
a judge of the Supreme Court or a judge of the Children’s Court has granted bail to an accused under section 15;
[(ii) deleted]
the judicial officer is satisfied that there has been no material change in the facts or circumstances which applied on the grant of bail,
by the judicial officer notifying the accused orally, or directing the registrar of the court to cause written notice to be given to the accused, of the time or time and place for the resumed proceedings;
upon a committal to the Supreme Court or District Court, by a judicial officer, if he has power to grant bail for that appearance, fixing a specified day in a specified sitting or session of that court and directing the registrar of the court to cause written notice of the day to be given to the accused;
where an accused has been committed for trial in the Supreme Court or the District Court in a specified sitting or session thereof or on a specified day in a specified sitting or session thereof, by an officer of the court, or a person authorised under subsection (5), fixing a time for the trial in that sitting or session and causing written notice of the time to be given to the accused;
if the parties agree to a different time or a different time and place for the proceedings, by an officer of the court giving written notice thereof to the accused.
Where a different time or a different time and place is notified to an accused pursuant to subsection (2) the bail undertaking shall be deemed to be amended to specify that time or that time and place for appearance, and the terms and conditions thereof shall continue to apply as so amended as if the accused had entered into the bail undertaking in that form.
Where the power in subsection (2)(b) is exercised upon an adjournment of proceedings the right of the accused to be at liberty under section 11(1) does not lapse by reason only that there is an interval between the adjournment of the proceedings and the time when he is notified of the time and place for the resumed proceedings.
The Chief Justice, in respect of committals to the Supreme Court, and the Chief Judge, in respect of committals to the District Court, may authorise a person or persons, by name or office, to perform the functions referred to in subsection (2)(f).
[Section 31 amended: No. 15 of 1988 s. 13; No. 49 of 1988 s. 87; No. 27 of 2002 s. 21; No. 59 of 2004 s. 141; No. 84 of 2004 s. 82; No. 6 of 2008 s. 21(1) and (2).]
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