New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 16

16 Extension of meaning of “adjournment” in section 6

For the purposes of section 6 (c) (ii), each of the following periods shall be deemed to be the period of an adjournment:

(a) the period during which a defendant is excused, pursuant to section 72 of the Criminal Procedure Act 1986 , from attendance during the taking of any evidence,

(b) the period between the making of an order under section 104 of the Criminal Procedure Act 1986 and the continuation of the proceedings (as referred to in that section) consequent on the making of the order,

(c) the period between the apprehension of an accused person under a bench warrant (whether issued by a Judge or a magistrate) and the person’s next appearance in the court out of which the bench warrant issued,

(d) the period between the making of an order under section 20 (1) of the Children (Criminal Proceedings) Act 1987 and the bringing of the offender before the Children’s Court consequent on the making of the order,

(e) the period between the making of an order under section 21 of the Criminal Procedure Act 1986 for a separate trial, or for the postponement of a trial, and the commencement of the separate or postponed trial,

(e1) the period between the conviction of a person and the sentencing of the person,

(e2) the period between the finding of a person’s guilt and the making of an order under section 33 of the Children (Criminal Proceedings) Act 1987 against the person,

(f) the period between the bringing up by a writ of habeas corpus of a person committed to prison by virtue of any summary conviction of an authorised justice or authorised justices or a magistrate and the final decision of the case, where the Supreme Court postpones the final decision of the case,

(g) the period between the making of an order under section 8A (1) of the Criminal Appeal Act 1912 and the continuation of the proceedings (as referred to in section 8A (2) of that Act) consequent on the making of the order,

(h) the term of a stay of execution of sentence under section 80 of the Crimes (Sentencing Procedure) Act 1999 .