New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 50

50 Arrest for absconding or breaching condition

(1) Where a police officer believes on reasonable grounds that a person who has been released on bail has, while at liberty on bail, failed to comply with, or is, while at liberty on bail, about to fail to comply with, the person’s bail undertaking or an agreement entered into by the person pursuant to a bail condition:

(a) a police officer may arrest the person without warrant and take the person as soon as practicable before a court, or

(b) an authorised justice may:

(i) issue a warrant to apprehend the person and bring the person before a court, or

(ii) issue a summons for the person’s appearance before a court.

(2) The court before which the person is brought or appears may:

(a) release the person on the person’s original bail, or

(b) revoke the person’s original bail and otherwise deal with the person according to law.

(3) If the court revokes the person’s original bail, the court or any other court before which the person is brought or appears:

(a) may grant bail to the person in accordance with this Act, or

(b) may (notwithstanding anything in this Act) refuse to grant bail to the person and by warrant commit the person to prison.

(3A) A court is not to revoke or refuse to grant bail under this section unless satisfied that the person has failed, or was about to fail, to comply with the person’s bail undertaking or agreement. For that purpose, the court may take into account any evidence or information which the court considers credible or trustworthy in the circumstances.

(4) Nothing in this section limits the rights of an accused person in custody to apply for bail.

(5) In this section, "court" does not include an authorised justice who is not an authorised justice employed in the Department of Courts Administration.