Bail Act 1982

If a person is in custody and an appeal has been commenced under the Criminal Appeals Act 2004 Part 2 in connection with the decision by virtue of which the person is in custody, the person may apply for bail —

if the appeal is to be heard and determined by the Court of Appeal or if an application has been made to the Court of Appeal for leave to appeal to the Court of Appeal — to a judge of appeal; or

in any other case — to a judge of the Supreme Court.

Bail shall not be granted to an applicant for bail under subsection (1) unless —

the applicant has given notice of the application for bail to —

the Director of Public Prosecutions; or

the State Solicitor,

as the case may require; and

that official has been given an opportunity to be heard on the application.

[Section 7F inserted: No. 6 of 2008 s. 9(1).]

8. Accused to be given information, approved forms etc.

Subject to subsection (4), a judicial officer or authorised officer who is called upon to consider an accused’s case for bail, on the first occasion when it arises in relation to an offence or group of offences for which an accused is required to appear, shall ensure that the accused is, or has been, given —

such information in writing as to the effect of this Act as is prescribed for the purposes of this paragraph; and

an approved form for completion, designed to disclose to the judicial officer or authorised officer all information relevant to the decision; and

where the accused is unable or insufficiently able, to read, speak or write English, such assistance as he may reasonably require in order to have communicated to him the information mentioned in paragraph (a) and complete the form referred to in paragraph (b).

After an accused case for bail has been considered once, a judicial officer or authorised officer on any subsequent consideration of bail in the same case shall —

comply with subsection (1)(a); and

either comply with subsection (1)(b) or obtain the form previously completed for the purposes of that paragraph, if any, and ensure that —

the form is revised in order to show any changes which he is informed have occurred since it was completed; and

any assistance, of the kind referred to in subsection (1)(c) is given to the accused for the purpose of completing or revising the form, as the case may be.

Nothing in this section shall be read as limiting section 23.

Notwithstanding subsection (1)(a) or (2)(a) a judicial officer or authorised officer need not comply with that paragraph if it appears to him that the accused’s case for bail is such that bail is likely to be granted to him in accordance with this Act; but if it subsequently appears to him that bail will not be granted or that the accused is dissatisfied with any condition imposed on the grant of bail he shall then comply with that paragraph.

Notwithstanding subsection (1)(b) or (2)(b), a judicial officer or an authorised officer may dispense with completion or revision of the form referred to in those paragraphs if it appears to him that —

the accused’s case for bail is such that bail is likely to be granted to him in accordance with this Act; and

the information in the possession of the judicial officer or authorised officer is sufficient for his consideration of the case.

Where a person has applied for bail for an appeal as mentioned in section 7F(1), this section applies as if the consideration of bail for the appeal were a first consideration of bail for an offence.

[Section 8 amended: No. 74 of 1984 s. 6; No. 15 of 1988 s. 6; No. 33 of 1989 s. 18; No. 84 of 2004 s. 82; No. 6 of 2008 s. 9(2) and 43(1).]