Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If—
(a) a person who has been taken into custody by a police officer is charged with an offence but is not to be brought before a court forthwith after being so charged; or
(b) it is not practicable to bring before a court forthwith a person arrested under a warrant (being a warrant which does not expressly preclude the granting of bail) issued under the Magistrates Court Act 1930 , section 42 (2) (Issue of warrant and summons) in relation to an offence punishable by a fine or by imprisonment for a period not exceeding 2 years;
the police officer who charges or arrests the person—
(c) shall inform the person, or cause the person to be informed, that the person may—
(i) apply for bail; and
(ii) communicate with a lawyer of his or her choice in relation to the making of an application for bail; and
(iii) if the person cannot speak or understand the English language—have recourse to the services of a competent interpreter; and
(iv) communicate with any other person of his or her choice, being a person who may reasonably be expected to assist him or her in relation to the provision of bail; and
and, if the person asks for facilities to do so, shall provide the person with reasonable facilities to enable the person to communicate with a lawyer, such an interpreter or such other person; and
(d) shall inform the person, or cause the person to be informed of—
(i) the applicable bail criteria; and
(ii) the conditions subject to which the person may be released on bail; and
(e) if the person applies for bail—
(i) if the police officer is authorised to grant bail to the person—shall consider whether the person should be granted bail; or
(ii) in any other case—shall bring the person before an authorised officer.
(2) If a person is brought before an authorised officer under subsection (1) (e) (ii), the authorised officer shall consider whether the person should be granted bail.
(3) If, before subsection (1) has been fully complied with in relation to an accused person, an authorised officer is satisfied that it is appropriate to release the person on bail subject only to the person giving an undertaking to appear, the authorised officer may so release the person.
(4) A police officer who charges or arrests a person may refrain from complying with subsection (1) (c) (ii), (iii) or (iv) if the police officer believes on reasonable grounds that it is necessary to do so to prevent—
(a) the escape of an accomplice of the accused person; or
(b) the loss, destruction or falsification of evidence relating to the offence.
(5) If a police officer who charges or arrests a person refrains from complying with subsection (1) (c) (ii), (iii) or (iv) for a reason specified in subsection (4), the police officer shall record, or cause to be recorded, his or her reasons for not so complying.