Adult accused of murder
7B Adult accused of murder
In this section —
judge means a judge of the Supreme Court.
This section applies where —
an accused is in custody for an offence of murder so that under section 15 only a judge has power to grant bail; and
the accused is not a child.
Where this section applies the accused, or a person on the accused’s behalf, may make an application to a judge for bail at any time before conviction for the offence.
Upon an accused’s initial appearance in court for an offence of murder, the judicial officer who may order the accused’s detention in custody is under a duty to inform the accused of the right conferred by subsection (3).
Where —
an accused’s case for bail has been considered by a judge on an application under subsection (3); and
bail has been refused,
the accused’s case for bail shall not be considered on any subsequent occasion in the same case when the accused’s continued detention may be ordered unless subsection (6) applies.
The accused’s case for bail shall again be considered by a judge if the accused, or a person on the accused’s behalf, applies to a judge and satisfies the judge that —
new facts have been discovered, new circumstances have arisen or the circumstances have changed since bail was refused; or
the accused failed to adequately present the accused’s case for bail on the previous occasion.
Where —
an accused’s case for bail has been considered by a judge on an application under subsection (3); and
bail has been granted,
on any subsequent appearance in the same case a judicial officer may order, notwithstanding section 15, that bail is to continue on the same terms and conditions.
The accused is to be taken before a judge for the purposes of an application under this section only if the judge so orders.
[Section 7B inserted: No. 6 of 2008 s. 9(1); amended: No. 29 of 2008 s. 24(2) and (3).]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.