Officials considering bail may order release without bail
6A Officials considering bail may order release without bail
In this section —
accused means an accused who is under arrest, other than pursuant to a warrant;
released means released from custody without being required to enter into, or without having entered into, a bail undertaking;
summary court means the Magistrates Court or the Children’s Court.
An authorised officer or justice who is considering an accused’s case for bail for an initial appearance in a summary court on a charge of an indictable offence that is not a serious offence may order that the accused be served with a summons under the Criminal Procedure Act 2004, and released, in respect of the charge unless satisfied —
that there are reasonable grounds to suspect the accused would not obey the summons if served with it; or
that not releasing the accused is justified under subsection (4) or for any other reason.
An authorised officer or justice who is considering an accused’s case for bail for an initial appearance in a summary court on a charge of a simple offence must order that the accused be served with a court hearing notice under the Criminal Procedure Act 2004, and released, in respect of the charge unless satisfied —
that the presence of the accused when the charge is dealt with is likely to be necessary for any reason or for sentencing purposes; or
that not releasing the accused is justified under subsection (4) or for any other reason.
Not releasing an accused is justified if there are reasonable grounds to suspect that if the accused were released —
the accused —
would commit an offence; or
would continue or repeat an offence with which he or she is charged; or
would endanger another person’s safety or property; or
would interfere with witnesses or otherwise obstruct the course of justice, whether in relation to the accused or any other person;
or
the accused’s safety would be endangered.
This section does not affect the operation of section 28 or 30 of the Criminal Procedure Act 2004.
[Section 6A inserted: No. 59 of 2006 s. 5; amended: No. 29 of 2022 s. 5.]
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