New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 43A

43A Power of senior police officer to review

(1) An accused person who is refused bail by an authorised officer may request a review of the decision under this section.

(2) A review is not to be conducted under this section if conducting the review would cause any delay in bringing the accused person before a court in accordance with section 20.

(3) A review of a decision under this section is to be conducted by an authorised officer who is more senior than the authorised officer who made the decision.

(4) The power to review a decision under this section is a power:

(a) to affirm the decision to refuse bail, or

(b) to grant bail unconditionally or subject to conditions in accordance with this Act.

(5) Without limiting the grounds on which an authorised officer conducting a review of a decision under this section may grant bail, the authorised officer may grant bail if the authorised officer is of the opinion that:

(a) the accused person is no longer incapacitated by intoxication, injury or use of a drug or is no longer in danger of physical injury or in need of physical protection, or

(b) there has been a significant change in circumstances since the decision was made, or

(c) exceptional circumstances exist that justify a grant of bail.

(6) The power to review a decision under this section may not be exercised if any power to review the decision has been, or has been sought to be, exercised under Division 2.