New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 17

17 Authority for police to grant bail

(1) A police officer may grant bail in accordance with this Act to an accused person who is present at a police station if the officer is:

(a) of or above the rank of sergeant and present at the police station, or

(b) for the time being in charge of the police station.

(2) A police officer may not grant bail to a person accused of an offence if:

(a) a determination concerning bail has been made by a court under this Act, or

(b) the requirement for bail has been dispensed with under this Act,

in respect of the offence.

(3) A police officer may not grant bail to a person who has been arrested pursuant to a warrant to bring the person before a court for sentencing and any such person must be brought before a court as soon as reasonably practicable.

(4) Despite subsection (3), a police officer may grant bail to a person referred to in that subsection if the police officer is satisfied that exceptional circumstances justify the grant of bail and the police officer is otherwise entitled to grant bail under this Act.