New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 53D

53D Hearing of formal objection to confirmation of forfeiture order

(1) The Local Court must conduct a hearing to determine whether or not the order should be confirmed.

(2) After conducting a hearing, the Local Court must confirm the forfeiture order unless it is satisfied that the accused person did not fail to comply with the relevant bail undertaking, in which case it must set the forfeiture order aside.

(3) However, if it is satisfied that in the circumstances of the case it would be unjust for the forfeiture order to be confirmed in full in respect of a particular person affected by the order, the Local Court:

(a) may vary the order so as to reduce the amount of bail money to be forfeited by that person, and

(b) in that event, must confirm the order as so varied.

(4) The Local Court may be satisfied that it would be unjust for a forfeiture order to be confirmed in full in respect of a particular bail guarantor if it is satisfied that the guarantor took all reasonable steps to ensure that the accused person complied with the relevant bail undertaking.

(5) This section does not apply to a forfeiture order taken to have been made under section 53AA.