Bail Act 1982

A surety undertaking does not extend to the failure by the accused to appear at a different time or a different time and place substituted pursuant to section 31 unless —

the surety undertaking contains a provision stating that it does so extend and, where applicable under subsection (5), the surety has received notice as mentioned in that subsection; or

subsection (2) applies.

A surety undertaking extends to the failure by the accused to appear at a different time substituted pursuant to section 31 during a trial if, at the option of the surety, the undertaking contains a provision stating —

that it does so extend; and

the effect of subsection (4).

In subsection (2) —

legal argument is being heard; or

a judicial officer or a jury is deliberating.

Subsection (2) applies despite any amendment as defined in section 31A(1) if the endorsement or notice under section 31A(3)(a) in respect of the amendment includes a statement referred to in section 31A(4).

A surety undertaking may, at the option of the surety, also contain a provision stating that where —

a different time or a different time and place for the accused’s appearance is substituted pursuant to section 31; and

subsection (2) does not apply,

Where, by operation of this section, a surety undertaking would extend to the failure by the accused to appear at a different time or a different time and place substituted pursuant to section 31, that extension is not affected by a reduction in the number of offences to which the accused’s bail undertaking relates.