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BAIL ACT 1992 - SECT 42A Power of Magistrates Court to review—decision of Magistrates

BAIL ACT 1992 - SECT 42A

Power of Magistrates Court to review—decision of Magistrates Court

The Magistrates Court may, on application under this division (other than under section 44 (Right of review of bail decisions—prosecution)), review any decision of the court (however constituted) in relation to bail for an accused person, only if—

        (a)     the court has power to make a bail order under section 20 (1) (a) (Power in relation to bail—Magistrates Court); and

        (b)     the court is satisfied that the applicant has shown—

              (i)     a change in circumstances relevant to the granting of bail since the court's decision; or

              (ii)     the availability of fresh evidence or information relevant to the granting of bail to the accused person that was unavailable when the court made the decision; and

        (c)     for an application made by the accused person—the person has made 2 applications for bail in the Magistrates Court in the proceeding to which the bail relates.