BAIL ACT 1992 - SECT 30 Accused person may be excused from attendance before court

BAIL ACT 1992 - SECT 30

    (1)     If a person has given an undertaking to appear before a court under section 28 (1), the court may, on application made by or on behalf of that person, by order excuse the person from attendance before the court to answer the charge in relation to which bail has been granted or for any other purpose in relation to the proceedings relating to the charge.

    (2)     An order under subsection (1) may be made—

        (a)     whether or not any evidence has been given in the proceedings; and

        (b)     whether or not the applicant for the order is before the court or has attended before the court in relation to the proceedings.

    (3)     A court must not make an order under subsection (1) unless it has been informed, by or on behalf of the applicant, that the applicant is represented by a lawyer for the purposes of the proceedings.

    (4)     A court may, at any time during proceedings in relation to which an order has been made in relation to a person under subsection (1), direct the informant or the registrar of the court to serve the person in relation to whom the order has been made with a written notice requiring him or her to attend before the court, for the purposes of those proceedings, on a day and at a time and place stated by the court.

Note 1     For how documents may be served, see the Legislation Act

, pt 19.5.

Note 2     If a form is approved under s 58 for a notice, the form must be used.

    (5)     If a person on whom a notice under subsection (4) has been served does not attend before the court in accordance with the requirements of the notice, the court may issue a warrant for the arrest of the person and for bringing the person before the court at the time and place specified in the warrant.

    (6)     If—

        (a)     a person has been discharged from custody on bail; and

        (b)     an order is made under subsection (1) excusing the person from attendance before the court in accordance with his or her undertaking to appear; and

        (c)     the person does not appear before the court at the place, date and time required under that undertaking;

the person is not taken to have failed to comply with a condition of his or her bail only because the person did not so attend before the court and bail continues subject to any condition other than a condition requiring the person to attend before the court.