Bail Act 1982

This section applies to a police officer or other person (the arrester) who —

charges a person who is under arrest (the accused) with an offence; and

does not release the accused unconditionally under section 142 of the Criminal Investigation Act 2006,

This section is subject to —

the exercise of the power conferred by section 9; and

sections 10, 12 and 16 and Schedule 1 Part C clauses 3A, 3D, 3F and 3G.

The duties in this section shall be performed whether or not an application for bail is made by or on behalf of the accused.

As soon as is practicable after the accused is charged, or arrested under a warrant, as the case may be, the arrester shall either —

bring the accused or cause the accused to be brought before a court; or

perform the other duties of the arrester under this section.

If the arrester has power to grant the accused bail, the arrester shall consider the accused’s case for bail.

If the arrester does not have power to grant the accused bail, the arrester shall, unless subsection (8), (9), (10) or (11) applies, bring or cause the accused to be brought before an authorised police officer or a justice or, in the case of a child, any authorised officer or a justice, who shall consider the accused’s case for bail as soon as is practicable.

Even if the arrester has power to grant the accused bail, the arrester may, instead of complying with subsection (5), comply with subsection (6) as if the arrester did not.

If under section 15 only a judge of the Supreme Court or a judge of the Children’s Court has power to grant the accused bail, the arrester shall bring the accused or cause the accused to be brought before a judge of the Supreme Court or a judge of the Children’s Court, as the case requires, who shall consider the accused’s case for bail as soon as is practicable.

If under section 16 only a justice has power to grant the accused bail, the arrester shall bring the accused or cause the accused to be brought before a justice, who shall consider the accused’s case for bail as soon as is practicable.

If section 16A applies, the arrester shall bring the accused or cause the accused to be brought before a court or judge referred to in section 16A(1), who shall consider the accused’s case for bail as soon as is practicable.

If section 16B applies, the arrester must bring the accused or cause the accused to be brought before a court constituted by a judicial officer other than a justice, who must consider the accused’s case for bail as soon as is practicable.