New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 18

18 Determination as to bail to be made after charge laid

(1) Where a person is charged by a police officer with an offence and the person is in custody, the proper officer shall, as soon as reasonably practicable:

(a) give the accused person such information in writing respecting the person’s entitlement to or eligibility for bail as is prescribed by the regulations and sign an acknowledgment in the prescribed form that he or she has given the accused person the information, and

(b) if the proper officer is:

(i) authorised to grant bail-determine whether or not bail should be granted to the person or bring the person or cause the person to be brought before a court, or

(ii) not authorised to grant bail-bring the person before a court or an authorised officer.

(2) The authorised officer before whom a person is brought pursuant to subsection (1) (b) (ii) shall, as soon as reasonably practicable, determine whether or not bail should be granted to the person or bring the person or cause the person to be brought before a court.

(3) In this section:

(a) a reference to the proper officer is a reference to:

(i) subject to subparagraph (ii)-the police officer who laid the charge against the accused person, or

(ii) where it is not reasonably practicable for the police officer referred to in subparagraph (i) to perform the duties prescribed by subsection (1)-the police officer for the time being in charge of the police station at which the accused person is in custody or, if the person is not in custody at a police station, a police officer who has custody of the person, and

(b) a reference to bringing a person before a court is a reference to bringing the person before a court for the purpose of having the court exercise its powers in relation to bail or for the purpose of the person being dealt with otherwise according to law.