Australian Capital Territory Consolidated Acts

BAIL ACT 1992 - SECT 46

    (1)     If an accused person has remained in custody after being granted bail by a court because any condition of the bail has not been complied with, the decision in relation to bail may be reviewed by the court that granted bail—

        (a)     at the request of the accused person; or

        (b)     at the request of a police officer; or

        (c)     on the court's own initiative.

    (2)     A review under this section of a decision in relation to bail is limited to a review of the conditions on which bail has been granted.

    (3)     A review requested under this section by a police officer shall not be conducted unless the court is satisfied that the request was made—

        (a)     for the purpose of benefiting the accused person; and

        (b)     with the consent of the accused person.

    (4)     On a review of a bail decision under this section, a court may—

        (a)     confirm the decision about the conditions of bail; or

        (b)     vary the decision by removing or imposing bail conditions; or

        (c)     grant bail without imposing any bail condition.

    (5)     Notwithstanding section 43, the Supreme Court is empowered to conduct a review of a bail decision under this section only in relation to bail granted by the Supreme Court (however constituted).