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BAIL ACT 1978 - SECT 22A
Power to refuse to hear bail application
22A Power to refuse to hear bail application
(1) A court is to refuse to entertain an application for bail by a person
accused of an offence if an application by the person in relation to that bail
has already been made and dealt with by the court, unless: (a) the person was
not legally represented when the previous application was dealt with, and the
person now has legal representation, or
(b) the court is satisfied that new
facts or circumstances have arisen since the previous application that justify
the making of another application.
(2) A court may refuse to entertain an
application in relation to bail if it is satisfied that the application is
frivolous or vexatious.
(3) The Supreme Court may refuse to entertain an
application in relation to bail if the bail application comprises a
bail condition review that could be dealt with under section 48A by a
magistrate or authorised justice or the District Court.
(4) Except as
provided by subsection (3), this section does not affect the power of a court
to review a decision in relation to bail under Division 2 of Part 6 or the
right of a person to request such a review.
(5) If a court has previously
dealt with an application for bail for a person accused of an offence, a
further application to the court for bail in relation to that offence may not
be made by a lawyer on behalf of that person, unless the lawyer is satisfied
that: (a) the person was not legally represented when the previous application
was dealt with, or
(b) new facts or circumstances have arisen since the
previous application that justify the making of another application.
(6) In
this section, a reference to a court does not include a reference to an
authorised justice exercising the functions of a court.
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