New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 24

24 Limitations on power of magistrates to grant bail

(1) Bail may (subject to this section and sections 42 and 50) not be granted to a person under section 23 by a magistrate or authorised justice after the person has appeared before the District Court, Supreme Court or Court of Criminal Appeal:

(a) following the person’s committal for trial or sentence,

(b) on an appeal against a conviction or order or against the severity of the person’s sentence,

(d) following the person being brought up by a writ of habeas corpus, as referred to in section 16 (f),

in connection with the offence.

(2) Where proceedings against a person accused of an offence are continued before a magistrate pursuant to section 104 of the Criminal Procedure Act 1986 , the magistrate has such powers in relation to bail as the magistrate would have had if the person had not previously appeared before the District Court or Supreme Court, as the case may require, in connection with the offence.

(3) Where proceedings against a person accused of an offence are continued before a magistrate pursuant to section 8A (2) of the Criminal Appeal Act 1912 , the magistrate has such powers in relation to bail as the magistrate would have had if the person had not previously appeared before the Court of Criminal Appeal or before the District Court or Supreme Court, as the case may require, in connection with the offence.

(4) Subsection (1) does not prevent the grant of bail to a person by a magistrate or authorised justice where the person is apprehended under a bench warrant (as referred to in section 312 of the Criminal Procedure Act 1986 ) notwithstanding that the person has appeared before the District Court or Supreme Court.

(5) Subsection (1) does not prevent the grant of bail to an accused person by a magistrate or authorised justice where the person is brought before the Children’s Court consequent on the making of an order under section 20 (1) of the Children (Criminal Proceedings) Act 1987 , notwithstanding that the person has appeared before the District Court or Supreme Court.